HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 02/06/2024 KENT CITY COUNCIL AGENDA
40!00�9 Tuesday, February 6, 2024
KENT 7:00 PM
VV A 5 H I N G T O N
Chambers
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www.youtube.com/user/KentTV21
To listen to this meeting, dial
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Enter Meeting ID: 869 9739 7704
Passcode: 931900
Join the meeting
Mayor Dana Ralph
Council President Bill Boyce
Councilmember John Boyd Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Community Events
B. Public Recognition
i. Employee of the Month
ii. Proclamation for Black History Month
iii. Recognition of Adopt-a-Street Participants
C. Public Safety Report
D. Council Procedures
i. Oaths of Office for Recently Elected Councilmembers
ii. Election of Council President
City Council Meeting City Council Regular Meeting February 6, 2024
iii. Appointments to Boards and Commissions
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
A. Public Hearing on an Ordinance Adopting Amendments to the Building
and Fire Code
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerk@kentwa.gov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerk@ken twa.go v.
Alternatively, you may email the Mayor and Council at Mayor@KentWA._oc o and
CityCouncilOKentWA.gov. Emails are not read into the record.
S. CONSENT CALENDAR
A. Approval of Minutes
i. Council Workshop - Workshop Regular Meeting - Jan 16, 2024 5:15 PM
ii. City Council Meeting - City Council Regular Meeting - Jan 16, 2024
7:00 PM
B. Payment of Bills - Approve
City Council Meeting City Council Regular Meeting February 6, 2024
C. Second Amendment to License Agreement with Thunderbird Hockey
Enterprises, LLC - Authorize
D. Consultant Contract Amendment for 2024 Comprehensive Plan Update -
Authorize
E. Grant Acceptance from King County Parks Levy Grant Program - Boeing
Rock Recreation/Habitat Enhancement - Authorize
F. 3845 : Grant Acceptance from Salmon Recovery Funding Board - Boeing
Rock Recreation and Habitat - Authorize
G. Grant Acceptance - Commute Trip Reduction Program - Authorize
H. Goods & Services Agreement with Olympic Environmental Resources, Inc
- Authorize
I. 3848 : Grant Acceptance - Department of Ecology NPDES Capacity -
Authorize
J. 2024 Sub-Regional Opportunity Fund - Earthworks Canyon Sediment Pond
Culvert Replacement - Authorize
K. Termination of Easements and Acceptance of New Water Utility
Easements - Authorize
L. Accept the 2022 Sewer CIPP Lining Project as Complete - Authorize
M. Accept the 2023 Plastic Markings Project as Complete - Authorize
N. Cooperative Purchasing Agreements for Firearm Equipment and Supply
Needs - Authorize
O. Third Amendment to Agreement with Axon Enterprise, Inc. - Authorize
9. OTHER BUSINESS
10. BIDS
A. 2023 City Safety Road Diets Bid - Award
B. 2024 Chip Seal Bid - Award
C. Mill Creek/76th Avenue South Culvert Improvements Bid - Award
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
PROCLAMATION
WHEREAS, since 1976, every United States president has officially designated the
month of February as national Black History Month to honor and affirm
the importance of Black history throughout our American experience;
and
WHEREAS, the observance of Black History Month began in 1926, when Harvard-
trained historian Carter G. Woodson and Minister Jesse Moorland
sponsored the first national Negro History Week, which was celebrated
the second week in February and later, in the 1960s as part of the Civil o
Rights Movement, the observance evolved into Black History Month; and
WHEREAS, Black History Month serves as a celebration of the accomplishments and c
contributions of Black Americans throughout the history of our nation, U
the fullness of African American history and culture, and a time to
recognize that across the generations, countless Black Americans have 2
demonstrated profound moral courage and resilience to help shape our
Nation for the better; and a
WHEREAS, much of the City of Kent's strength and success can be attributed to the
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diversity of cultures and traditions that are celebrated by the residents o
of this great City; and a
WHEREAS, African Americans have played significant roles and made lasting L'
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contributions to our City's history and the history of Washington's w
economic, cultural, spiritual and political development, while working =
tirelessly to contribute to every aspect of American society including
business, education, medicine, politics, science, and the arts; and m
WHEREAS, Black History Month is a time for all Americans to remember the `o
contributions and legacy of those who helped build our nation, advanced
the cause of civil rights for all Americans, continue to fight against 0
prejudice to secure lives of dignity and opportunity for all of our
residents, and strengthen our families and communities. cEa
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NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY PROCLAIM a`
FEBRUARY 2024, TO BE c
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Black History Month
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in the City of Kent and encourage all residents to join me in honoring the many o
contributions made by African Americans to our City, State, and Nation, and to v
participate in the many educational and inspirational events celebrating February 2024
as Black History Month.
In witness whereof, I have hereunto set my hand this 6th day of February, 2024.
m
Mayor an Ralph
\ KENT
0 W A S H I N O T O N
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KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Election of Council President
MOTION: I move to elect to serve a two-year term
as Council President.
SUMMARY: In accordance with Section 2.1 of the City Council's Bylaws, Rules, and
Procedures adopted through Resolution No. 2062, during the month of January in
even numbered years or as soon thereafter as possible, the City Council is to elect
from its members a Council President who shall serve a two-year term.
At its meeting on February 6t", the City Council will need to elect its new Council
President. Once a motion is made and seconded, discussion may occur concerning
the nominee put forward. Should such motion fail to successfully carry, another
nominee may be put forward. Again, once a motion is made and seconded,
discussion may occur concerning the nominee put forward. The process will
continue until a Council President is successfully elected.
Within four weeks of being elected Council President, the Council President-Elect
will need to appoint from Council's membership Subject Matter Chairs in accordance
with Section 4.1 of Resolution No. 2062. Until such time as the Council President-
Elect appoints Subject Matter Chairs, Councilmembers will continue to fill their roles
as previously assigned by the outgoing Council President.
The Council President-Elect will also need to make Councilmember appointments to
regional committees and boards. Council's bylaws do not provide a time by which
these regional committee appointments must be complete. However, the City's
Chief Administrative Officer is available to assist the Council President-Elect as
needed in identifying these regional committees and making appointments.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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of department highlights
February 6,2024
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ADMINISTRATION
Communications
• The Mayor's annual Employee of the Year
Administration Breakfast is scheduled for February 14 at U
• The Mayor and CAO attended a Public Safety the Senior Center. This is a fantastic time o
caucus meeting sponsored by some of our where staff gathers to honor all of the 2023 L)
local state legislators. These meetings are Employee of the Month nominees and find o
intended to maintain state-wide focus on a out who the 2023 Employee of the Year will y
response to rising crime rates in be. c
Washington.
• The City continues to have discussions with
Google to bring high speed fiber-based o
Internet to Kent. • The leadership team is examining options 0
The Cityhad a morning-longmeetingwith for implementing a 2023 state bill which
• its federal lobbyist on Tuesday of last week. aims to improve project review and
The goal of the meeting was to fine-tune a permitting for construction and land usepermits, with an emphasis on housing
number of federal appropriations requests o
development. The bill significantly reduces
that the City intends to submit this spring. time cities are allowed to complete permit
The City will be providing a workshop review (from 120 days down to 65 days) N
presentation in the near future to discuss and requires fee refunds if timelines are
those requests once we have them refined. not met. E
• The City will be considering the placement Long Range Planning a
of speed cameras at various locations, • Staff attended the 2nd Annual King County t
particularly along our north to south Affordable Housing Symposium. At the U
corridors such as 132nd Avenue SE and event, staff learned about housing needs in c
116th Avenue SE on the west hill. The King County, received insights into how
placement of cameras requires studies and housing is developed, and reviewed tools •2
analysis prior to placement and compliance
with various state laws. that jurisdictions can adopt at the local E
level to foster economically vital and E
Race and Equity o
• Title VI team members have identified over equitable communities. U
100 vital documents to be translated into • Comprehensive Plan Phase III is underway.
the top 6 languages spoken in Kent. Technical experts from multiple city
• The Race and Equity team will be departments met with the project team to
participating in the Harvard Kennedy kick off work on SEPA environmental
Government Performance Lab 6-week analysis. The project team is also
sprint. The goal of this sprint is to create an coordinating with external agencies and
RFP for a translation vendor using best service providers to understand and
practices. evaluate three growth alternatives. A Draft
Environmental Impact Statement (DEIS) is
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expected to be released for public process. Each city then prepared an
comment in May. overview presentation, including workforce
• The 2024 Legislative Session is halfway and business climate data, then toured
done! Staff continue to review and provide relevant properties. The exercise provided
feedback on a variety of housing, a valuable opportunity for participating
environmental, and land use bills. cities to partner in showcasing Kent
Current Planning Valley's best assets while also aggregating
• Staff met with the design-build contractor regional data of most interest to site
for the downtown Sound Transit parking selectors.
facility at their Seattle offices last week to Work is underway with leaders from City of
discuss final preparations for submittal of Kent Administration, Kent School District,
their pre-application meeting materials. and Renton Technical and Green River
• Staff and the wetland consultant met with Colleges to participate in and develop a a
Sound Transit and Kiewit representatives Kent Valley Employers Table to bring
at the 'Structure C' site currently under manufacturing business leaders together to =
construction to discuss critical areas collaborate on innovations to improve
impacts and impact mitigation plans. industry competitiveness. Potential goals ;
• Staff continues to support Development include improving the workforce pipeline, U
Engineering in reviewing King County Metro aligning training to industry needs, E
Transit's 90% design plans for the BRT I- improving infrastructure, and addressing ,°
line corridor improvements. regulatory barriers. A more detailed
• The developer of the Suton multifamily concept will be presented at a joint a
project (formerly "Kent Ridge View") meeting of the Kent School Board and Kent
located between Lowe's and I-5, met with City Council on March 26.
staff to discuss their final building and site Kent's Lodging Tax Committee met January Q.
design modifications undertaken to comply 25th to review grant requests and select
with Midway design standards. their top recommendations for awards to )
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• Land use and environmental permit put before City Council for approval. Each
reviews are complete on the KEHOC funded award aims to build awareness of o
project. Kent's leisure and business tourism assets, p
• The City's new agreement for hearing including hotels, ShoWare Center facilities
examiner services is complete and ready and events, businesses, and Kent's unique -1
for final City signatures. A pro tem cultural and culinary opportunities, with the c
agreement with a second provider for goal of bringing more overnight visitors to E
back-up services is already signed and in Kent. w
place. Permit Center °'
• Preparations are underway for the next With 2023 in the rearview mirror, here are U
build' process in Amanda focusing on lot some interesting facts about Permit Center c
line adjustments, with short plats and operations: cc
subdivisions to follow. • The Permit Center received an average of .2
Economic Development 54 phone calls and 140 emails each day.
• With support from Greater Seattle Partners • There are 18 KIVA intake appointments E
and the Port of Seattle, Kent's Economic every Monday, Tuesday and Thursday, and ci
Development team participated in a mock the wait time for those appointments is
site visit organized by Global Location approximately two weeks.
Strategies (GLS) to four Kent Valley cities • Approximately 40 new tasks arrive each
to gauge readiness for future site visits workday in the Amanda system, and there
with potential investors. GLS distributed a were 186 awaiting completion at the time
Request for Information (RFI) to Renton, of writing.
Kent, Auburn and Federal Way in advance, • 1,609 Over the Counter permits were
posing questions that are typically asked issued in 2023. Daily volumes for these
during the manufacturing site selection
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applications vary, but peak in the summer Labor Management
months, due to re-roofing. Utilizing Power BI or similar application to
post job descriptions online
• Training new Labor Analyst.
• 3 current investigations
Accounting The annual 1099 processing is nearing • Sending SOC codes to Finance for quarterly
• report to the state
completion for 2023. All 1099-NEC and Workday
1099-MISC were mailed on schedule and Preparing for the bi-annual software
any 1099-S forms will be completed and updates.
mailed by February 15, 2024.
Customer Service Benefits
• 2024 rate brochures will be included with •
Wellness Committee has launched their
all Januaryutilitystatements. Citywater, first wellness challenge of the year.
Preparing for the Health Fair in May.
sewer, and storm drainage charges • Putting together an updated Benefit =
increased by 4.5 /o effective January 1st,
2024. Orientation for new hires.
Residential storm drainage fees were Risk Management
• o
removed from 380 utility accounts in the We have submitted the 2023 OSHA report L)
Bridges annexation area. data online and will send the OSHA 300A E
Payroll Summary report to departments to post on y
their safety bulletin boards from February
• On January 23, 2024, Payroll issued 1,105 through April. a
W-2s electronically to staff.
Process Improvement
Approximately 900 hard-copy W-2s were �
mailed on January 26, 2024. Payroll Leadership Meetings focused on Lean V_
continues to encourage all staff to select Improvements have included conversations 0
"electronic delivery only" for W-2s. on improving communication throughout �
• December Wellness benefits arrived late the City. L
and will be recorded on the February 5, Department Updates
2024, paycheck. • The HR team continues to perform an audit o
Budget of current City Policies, to ensure they are >
• The budget group is working on the in alignment with current operations and L
Adopted 2024 Mid-Biennium Adjustment are clear to City employees. Updates will N
Budget Book and calculating the 2023 be shared with staff in the coming months. c
ARPA spending and obligations. • HR is preparing to move paper files to E
electronic via Laserfiche. There is a lot of a
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planning that goes into this, but with our °'
new Admin starting and potential grants to U
Recruiting scan the information, we are in good shape c
• Tassia Merkle started as Administrative to kick off this new project. W
Assistant 2 in Human Resources on • HR is beginning to build a training
February 1st orientation for new managers coming into '
E
• Heather Martin promoted to Environmental the organization. This training will be E
Conservation Analyst effective February 1st designed to provide guidance on systems U
• Jeff Lewis promoted to Field Supervisor in and processes and include resources that
Golf effective February 1st will offer helpful insights into effective
• Interviews for Tax Desk Auditor on January leadership.
31st • HR is working with Multimedia on updating
• Interviews for Judicial Specialist on the Careers page. Departments have
February 5th contributed content, which will aid in the
• Practical exams and interviews for refresh of this important resource for
Maintenance Worker 3 in Park Operations recruits.
on February 6th and 7th
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• The department is getting ready for Kent Urban Development. She is also a fluent
101 in March. It will be a great opportunity Spanish speaker. We are thrilled to have
to speak with residents on how HR Samantha on our team!
supports the City of Kent. Covered one community court calendar in
January which included 39 cases, spread
across 29 defendants, 15 of whom failed to
Information Technology Projects appear (51% failure to appear rate). None
IT Asset Management Deployment - To of the defendants who appeared were out
• implement current Ivanti software of compliance to such a degree that a
capabilities, to develop and improve the sanction was imposed; all were
City's existing Ivanti asset management demonstrating progress.
module as well as use the current Ivanti Covered one expired bench warrant
calendar in January which included 78
Asset Management product to create smart
cases, spread across 63 defendants. Only co
asset management tools to monitor and
control assets (monitors, laptops, two defendants appeared.
desktops, cell phones, iPads); and The January jury term saw 62 cases set for
configure SACA filters to export and trial, five of which were confirmed for trial. o
designate data into Ivanti software. Of those five cases, one was dismissed due L)
to an evidentiary issue, one was continued, E
Through this implementation, we will and the other resolved. The other two °
provide transparency to all City cases proceeded to jury trial:
stakeholders, create demand for improved o The first defendant was charged with a
process automation and greater integration Malicious Mischief in the Third Degree
between software tools that the city currently owns, solve key pain points and Vehicle Trespass. The jury returned v
a verdict of guilty o on both charges. a
around IT CSO, ISO, APPDEV Teams, o The second defendant was charged with
software license management, warranty Assault in the Fourth Degree -Domestic N
tracking (product cataloging) and migrating Violence. The jury returned a verdict of 4)
more asset types into the database, and "not guilty". o
improve the current Ivanti software system • Assisted staff draft an ordinance amending w
- developing a solution used to effectively the City's Building Codes to align with
and efficiently manage and track inventory upcoming changes to the State's Building N
of all types, from consumables to capital Codes.
assets. • Assisted Parks with the review of a E
• Teams Calling Implementation - To cooperative purchase agreement for the w
transition City of Kent users to Microsoft purchase of playground equipment and
Teams, as a unified communications resurfacing of the area for Lake Meridian
platform that allows users to seamlessly park.
make or receive phone calls whether in the 2
office or off-site through their computer • Assisted Parks staff draft a new consultant
and/or mobile device. services agreement for the planning of the r_
East Hill North Community Park.
Information Technology operational support
• Assisted staff prepare the bid package for E
for January 21, 2024 to January 30, 2024 G
• Number of tickets opened - 143 the construction of the Kent East Hill U
• Number of tickets closed - 280 Operations Center.
• Assisted the Clerk's Office on the
coordination and processing of large public
records requests.
• Our office welcomed a new Civil Paralegal • Assisted the HR Department in a number of
on January 16—Samantha Smith. sensitive employment and labor related
Samantha joins our office with over six matters.
years as a paralegal and a Bachelor's
degree in Law & Policy and Sustainable
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• Advised City departments on several and social studies students earlier in the
procurement and contract matters related day.
to various ongoing projects. • The next Spotlight show, International
• Assisted outside counsel on a number of Guitar Night, will take place on Friday,
cases currently in litigation. February 2 at Kent-Meridian PAC and is
• Worked with staff to acquire the property completely sold out.
rights necessary to complete various • The deadline for public artists to apply to
projects throughout the City. participate on the design team for East Hill
North Community Park is January 31,
PARKS, RECREATION, AND 2024. As of Friday, January 26, 34
COMMUNITY SERVICES applications have been received.
Housing and Human Services
Recreation and Cultural Services The Human Services Funders Collaborative
• Staff participated in a multicultural parent Application for 2025-2026 funding will open
night at Neely O'Brien Elementary School on March 4, 2024. Funding Workshops will =
organized and hosted by our Puget Sound M
be held March 6 (Kent) and March 7th
Educational Service District partner (Redmond) and information will be sent at
(PSESD). Both kids and parents had a a later date regarding that application.
great time learning about health and Several Technical Assistance sessions will E
exercise while riding on the smoothie bike. be available throughout March and the ,°
Staff also took part in a multicultural dinner application will close April 8th, 2024.
focused on meal preparation by other Human Services staff will host a workshop a
cultures. This afforded staff a unique and for organizations located in Kent or serving
engaging way to meet the families of Kent residents to learn more about
program participants. Neely O'Brien is one o
upcoming funding opportunities on a
of the department's 13 After School Energy February 13th from 1 - 2 PM. All
(ASE) locations. After school energy organizations are invited to attend; )
provides enrichment activities focused on however, this workshop is specifically U
health, nutrition, fitness, sports and getting targeting organizations that are not o
kids up and active. currently funded. Individuals may attend in
• The Kent Parks Tigers and Hoopsters person or via Teams.
adaptive basketball teams are ready for Home Repair staff successfully completed N
competition following five weeks of the Air Conditioning unit program c
coaching, training, and practice. Teams contracted through King County's Adult E
will compete in the Sub-Regional Special Services Division (ASD). The program w
Olympics Tournament on Saturday, allowed our division to provide portable air
January 27t", at Auburn's Performance conditioning units to low-income
Zone. Teams must place 1st in their homeowners with senior occupants in the c
brackets to advance to the Washington City of Kent. More than 350 units were
cc
State Special Olympics Regional distributed to vulnerable seniors in our
Tournament on February 10th. Individual community who are most at risk to heat-
skills participants automatically move onto related illness and death E
the regional tournament, since they do not
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participate in the sub-regional tournament. • •
• "Yesterday & Today" kicked off the 2024
portion of Spotlight Series on Friday, On January 10 around 12:30 pm, officers
January 26 with a sold-out show (360 responded to Bank of America at 311 4th
people) featuring an all-request Beatles set Ave N. The suspect entered the bank and
list. The artists also conducted an demanded money from the teller. After
educational lecture for approximately 100 being refused, the suspect went outside,
Kent-Meridian choir, band, language arts, where he took over the ATM that was being
used by another person and withdrew cash.
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The suspect fled on foot and was captured 24502 110 AVE SE due to an assault. Units
by patrol. quickly arrived and detained the suspect.
• On January 10, around 7:44 pm, patrol Aid was rendered to the victim. The
was dispatched to a robbery in the parking suspect was booked into King County Jail.
lot of Big 5, 24200 104th Ave SE. Five On January 15, around 10:14 pm, patrol
suspects in total threatened the victim with was dispatched to a robbery at QFC 13300
handguns, robbing the suspect of his SE 240th St. The suspect entered the store
belongings, including a gun, and assaulted and requested cigarettes; the victim
him before leaving. walked the suspect to the checkout, where
• On January 12, officers were dispatched to the suspect withdrew a pistol from his
the Lighthouse apartments for the sounds waistband and demanded money. The
of domestic violence between a male and suspect was given money from the till and
female. Officers arrived to find a male fled. a
unconscious on the sidewalk, bleeding On January 16, around 9:55 am, patrol co
heavily from the face. The suspect was was dispatched to a commercial burglary of a
cited for two counts of assault. Cut Pros Barbershop, 25400 104th Ave SE.
• On January 12, around 2:37 am, patrol The suspect broke through the back door of ;
responded to the 400 Kennebeck Ave S the barbershop and stole equipment and a 0
area, referencing an illegal discharge. computer from the business. E
Patrol found a person who said she had Vehicle Trespass - On January 17, officers ,°
been shot at after being robbed. Nearby on patrol around the New Best at 30th Ave
patrol found numerous casings as well as S and Kent-Des Moines RD spotted a white a
two vehicles, each with firearms in plain motorcycle resembling one that had left
view. The cars were seized for search during a conducted traffic stop. The bike
warrants, and the case is still in progress. was reported as stolen. The male was a
• On January 12, around 7:19 am, a robbery subsequently booked into the Kent W
at Village Green apartments, 10400 Kent Municipal Jail. )
L
Kangley, was responded to. The victim, a On January 18, around 12:49 am, patrol W
rideshare driver, had given a ride to the was dispatched to a commercial burglary of o
suspect, who, at the end of the ride, North Sky Communications. Several >
brandished a pistol and demanded his thieves arrived in a truck and stole an
phone. amount of copper from a bin. N
• On January 12, around 3:17 pm, patrol • On January 17, officers were dispatched to 'c
responded to a robbery at Alder Brooke a victim who had fled her apartment at E
apartments, 400 Novak Ln. Two juveniles Ridge Gate apartments after reportedly w
were walking home from school when they being assaulted. Officers developed
were approached by an unknown male who probable cause for the assault and wrote a
pulled their backpacks off of them and got search warrant to arrest the suspect. The c
into a vehicle. One of the passengers of the warrant was approved, and officers
car pointed a gun at the juveniles, and the arrested the suspect without incident.
victims fled the scene. On January 21, officers contacted two
• On January 13, around 7:13 pm, patrol males trespassing at Staples. They were c
responded to a shooting at Washington asked to leave by MRG and refused. While u
Park Apartments. The victim stated he was running the names, one suspect fled and
targeted due to previously calling the police started a foot pursuit.
on the suspects who had broken into a • The suspect started to cross SE 256 and
vehicle. The suspects fired several rounds tripped. Officers detained the suspect until
at the victim, who was also armed and more help arrived, and the suspect was
fired back. The victim was shot in the arm arrested.
and is in stable condition. • On January 21, around 5:39 pm, patrol
• On January 15 at 2:16 pm, patrol was responded to a robbery of Chevron, 18000
dispatched to an assault with a hammer at E Valley Hwy. The suspect came inside the
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store and asked for cigarettes; rather than On Meeker and the 132nd Ave
pay for the item, he demanded money Improvement projects. Office staff continue
from the till and implied a firearm. Patrol providing right of way support on capitol
used surveillance video, linked the suspect projects, professional review of CIP
to another incident, and apprehended the projects, drafting legal descriptions and
subject. record of surveys for city owned properties.
• On January 23, officers were dispatched to GIS staff are working on the following
an attempted burglary that occurred projects: GeoPortal update, GIS Laserfiche
overnight, around 2:50 am, in the 9700 linkages, Lead Water Service line inventory
block of S 212th St. The victims reported tracking application, the Shoreline Master
someone trying to open the residence's Plan enterprise data and updating the
front door. Video surveillance showed five roadway classification map. Testing of the
suspects from two cars had attempted to Hydrants and Meters Dashboard is on- a
enter the house. going and has had positive results to date. co
• On January 26, around 11:53 pm, officers GIS Supervisor is working with IT on the
responded to a robbery at Walgreens, ESRI system re-architecture and phone
25600 104th Ave SE. The suspect entered screening multiple candidates for the open ;
the store and demanded the cashier load GIS Analyst 1, 2 and 4 positions. 0
money onto gift cards after pacing around. Environmental E
The amount he asked for required • Habitat Area A (Lower Russell Levee): °
secondary approval, so the cashier told him Notice of Intent to apply for CWM grant
she couldn't, and the suspect became submitted to WRIA 9 on January 12. COW a
upset and produced a pistol. The victim got presentation to apply for the grant
scared and backed away, so the suspect scheduled on February 6 meeting. Request
demanded her phone. She declined, and for Contract for Habitat Area A feasibility a
the suspect fired four to five rounds and study being routed for approval. COW
fled. presentation for the Habitat Area A )
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• On January 27, around 8:40 pm, officers Feasibility Contract scheduled on February
responded to a drive-by shooting in 112th 6 meeting. o
PL and SE 232nd. The victim had noticed Boeing Rock Habitat Enhancement: Notice >
the suspects stealing items out of a vehicle of Intent to apply for SRFB and PSAR W
in the parking lot of India House grants submitted to WRIA 9 on January 12. N
restaurant. They called 911 and followed COW presentation to apply for the grant c
the suspect for a bit. It became clear the and approve the Resolution Authorization E
suspects were aware they were being scheduled on February 6 meeting. Staff w
followed and fired one round in an doing project coordination and preparation °'
unknown direction. The victims then for conducting feasibility studies. RFQ for U
discontinued following the suspects. Boeing Rock feasibility study due January c
• Major emphasis patrol: On Thursday, 30. cc
January 18th, eight (8) KPD officers joined • Recycling Events and Outreach:
WSP, Auburn PD, and Pacific PD to conduct • 1st mini recycle event has been confirmed
an aggressive driving emphasis on SR-167 on Friday, April 19 at the Kent Library from c
with a specific focus on reducing the 1-4 PM U
number of drive-by shootings that've First big Recycle event scheduled on March
recently occurred there. 2 at Hogan Park (West Kent).
• Creating a new page for our website for
PUBLIC WORKS Kent businesses to disseminate information
Survey about new state laws around plastics
Survey Field staff are providing staking for (Styrofoam bans) and organics.
• the Kent Memorial Park boundary, design Solid Waste Grants: Ramp Grant: The
mapping for the 2024 Watermain, Meet Me Department of Ecology has notified the city
of approved grant application ($60,000) to
Page 7 of 10
Packet Pg. 12
5.B
perform cleanup of state-owned ramps
A
within the city. Final contract between f` ,
Ecology and the City in the process of
being signed. Request for contract for the
apparent successful proposer Totem
Logistics) for ramp clean-ups being routed. �.
First ramp litter clean-up scheduled in
March 2024.
• NPDESPro: This is our last week using - r'
NPDESPro database system. Staff have Streets
removed all of our data from this system Street Maintenance crews prepared the
and will be using Prism again until we get a area, poured new sidewalk, curb and
new database. Staff are working on setting gutter, stripped forms and backfilled the
up demos to look for a new database sidewalk on S 228th St, west of 64th Ave
system to use for NPDES program S, ground sidewalks on 84th Ave S
compliance. between S 180th St and S 194th St,
Construction cleaned the sidewalk, curb and gutter
• Lindental Generator Replacement: areas at 21801 37th PI S, repaired gravel 0
Removing old generator and installing shoulders at 25011 129th Ave SE and at E
temporary this week in preparation of State Ave N and E George St and offloaded 42
placing new generator. the snow plows and sanders after the
weather event. Q
• Signs and Markings crews installed bases
- _ and replaced signs for the retro-reflectivity
program on SE 234th St and on SE 231st a
Way, west of 132nd Ave SE, inventoried
stop signs along 132nd Ave SE and )
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performed sign maintenance Citywide.
• Solid Waste staff cleaned up debris along o
Military Rd S between Kent Des Moines Rd
�— and S Reith Rd, along Naden Ave S
between W Meeker St and the dead end
and along Pacific Hwy S between S 272nd E
St and S 240th St and performed hot spot E
• Washington Ave S Stormwater Pump inspections and graffiti removal at various a
Station: After a short suspension of work locations Citywide. a
activities, the contractor intends to resume Water Vegetation crews cleaned up leaves
work 1/31 with crossing West Valley and debris at the Clark Springs water E
Highway with the 48" storm line. mains on SE Kent Kangley Rd, Kent
to
• 108th Ave SE and SE 264th St Compact Springs, the O'Brien Well, KEHOC, the 3.5 •2
Roundabout: Retaining wall poured last Tank, the Elk Run water main easement, '
week. Striping forms and backfilling area Pumpstation #5, Scenic Hill and at the E
on SW corner this week. Water Vactor sites and laid gravel at the U
driveway of Pumpstation #5 and the West
' Hill sites.
Street Vegetation staff performed
maintenance of the traffic islands on Pacific
°, - Hwy S and on SE Kent Kangley Rd, planted
white Rock Rose plants at the islands on
-- .. Pacific Hwy S, replaced a tree on 4th Ave S
by the Kent Commons and set up new bins
for spoils at the GRNRA Nursery.
Page 8 of 10
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5.6
• The Sidearm mower crews have prepared lights at the 6 MG #1 Tank, updated the
the area for new tree planting, repaired a coliform monitoring plan for Phase II,
fence and installed a new gate at KEHOC, worked on the Tier II Emergency and
chained logs at Green River Rd and Hazardous Chemical inventory reports and
assisted the Street Vegetation crews. performed the treatment run sampling for
• Wetland Mitigation crews planted and chlorine, PH, temperature and conductivity
removed weeds and litter at the Downey at various locations Citywide.
site and removed weeds and installed SCADA staff calibrated the chlorine feed
plants at the GRNRA Cottonwood Forest analyzer at the West Hill Reservoir,
site. installed and set up Verkada security
• Water/Sewer cameras at the 212th Treatment Plant,
• Water Distribution staff have continued to worked on the SCADA In Touch and Win-
work on a water service line inventory for 911 programming projects, scheduled with a
the Revised Lead and Copper Rule. Water IT department for testing and set-up of the CO
service line materials are being visually camera at the 208th St Well, worked with =
inspected on both the public and private Accu-Com on radio programming and
sides to complete an inventory that will be prepared the Tacoma water order and ;
compiled and submitted to the Washington source report. L)
State Department of Health and made Pumpstation crews removed generators at E
available to the public through an outward Skyline and Victoria Ridge sewer lift °
facing portal on the City's website. The stations, upgraded the storm and sewer
outcome of the inventory will also be used pumpstation locks and keys, performed a
to develop a new monitoring plan. The City wet well cleaning at pumpstation checks at
has an increased sampling requirement for various locations Citywide, installed new
coliform monitoring based on our fuel pumps at Horseshoe Storm a
population served. Staff have also been Pumpstation on S Central Ave, repaired the
building additional water sampling stations suction line, installed a bypass valve, )
L
and selecting new monitoring sites to replaced panel and drives, rebuilt the pump
install the stations for sampling. Staff have and modified the gate entrance at the 81st o
been collecting water meter data from new Ave Pumpstation, prepared and installed a >
developments to update our GIS layer. wet well wizard at the Horseshoe Sewer
• Sewer staff have been cleaning sewer Pumpstation and repaired a 10" gate valve N
mains in the area of 110th Ave SE and SE on the bypass assembly and switched to a c
222nd St and in the area of Hampton Way standby generator while Bainbridge Electric E
and Manchester Ave S. Sewer line CCTV started the new generator installation at w
inspections have been underway in the the Lindental Sewer Pumpstation.
area of S Carnaby St and Downing Ave S, Storm Drainage/Vegetation U
and storm line inspections in the new Storm crews installed large rocks and rip c
Biggerstaff development. rap, removed dirt and vegetation, installedcc
Source, Supply and Pumpstations a culver and a large swale for the culver at .2
• Source and Supply staff replaced lights and 24606 26th PI S, relocated 24" ductile pipe
repaired the damaged level gauge at the from KEHOC to the Vactor site, cleaned up E
125k Tank, removed moss, replaced an 8" a homeless encampment at 21400 Russell u
outside stem and yoke (OSY) gate valve Rd, hauled dirt and performed maintenance
and flex coupling for pump #1 and at the Vactor site and performed ditch
replaced a light fixture on the radio inventory and hot spot checks and
building at Pumpstation #5, installed a new prepared for future work at various
air dryer and removed the underdrain and locations Citywide. Crews also performed
air scourer piping for replacement at the National Pollutant Discharge Elimination
212th Treatment Plant, determined specs System (NPDES) pumping on SE 256th St
for a mini split heat/ac unit for Pumpstation at 124th Ave SE and at 132nd Ave SE and
#4, installed a photocell sensor for the at SE Kent Kangley Rd and 132nd Ave SE
Page 9 of 10
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5.B
and inspections at SE Kent Kangley Rd and
SE 263rd St, 132nd Ave SE and SE 236th
PI, 132nd Ave SE and SE 234th St, SE
248th St and 110th PI SE and at 104th Ave
SE and SE 248th St and repairs at various
locations Citywide.
• Wetland Maintenance crews performed
fence repairs at Forest Ridge Court on SE
274th St, at 2900 Veterans Dr, at 26521
111th PI SE and at Canterra on SE 278th
PI, mowed, transplanted and salvaged
plants at the GRNRA at 21615 64th Ave S,
trimmed trees at Tahoma Vista on SE
252nd St and cleaned up litter dumping in
wetlands for service requests at 21502
Russell Rd, 29000 Veterans Dr and at
13015 SE 266th PI. ;
• Holding Pond crews performed tree 0
removals at Hazelwood Meadows at 25118 E
117th Ct SE, Sun Preet at 24229 116th PI ,°
SE and at Kara Crest/Cofield at 9902 S
220th PI and repaired a fence at the Pacific a
Hwy Pond at 26128 21st Ct SE.
Fleet/Warehouse
• The Warehouse crew have continued to a
assist with CDL training, maintained the
shops yard, keeping it clean and free of )
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litter and debris, cleaned and maintained
the wash rack, washed, and vacuumed o
motor pool vehicles, issued Personal >
Protection Equipment (PPE) and motor pool :.-
M
vehicles to staff and hydrant meters to N
contractors, repaired small equipment as c
needed, received parts and inventory E
orders, hauled spoils as time and w
equipment were available and inventoried
the small attractive assets. U
• Fleet staff ordered new vehicles as the c
order window opened, ordered new build W
parts and worked on new vehicle builds
(Fleet Service, Storm, Facilities and Parks),
prepared and sent vehicles to auction and c
worked on scheduled and non-scheduled U
maintenance repairs.
Page 10 of 10
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6.A
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Public Hearing on an Ordinance Adopting Amendments to
the Building and Fire Code
SUMMARY: On March 15, 2024, the 2021 edition of the International Wildland
Urban Interface Code will become effective statewide. Cities are required by law to
administer and enforce this and other building codes, and have the authority to
enact local amendments, provided those local amendments do not diminish the
Codes' statewide minimum performance standards. At this time, the City does not
have any local amendments to the International Wildland Urban Interface Code to
adopt. However, the City is still required to adopt the code as amended by the
Washington Administrative Code. Attached is the proposed ordinance to adopt the
2021 code edition.
This public hearing is being held pursuant to RCW 35A.63.070, which requires a
public hearing for regulations impacting development. The City is also currently
seeking expedited review of this ordinance pursuant to RCW 36.70A.106, which
requires state review of development regulations. Final legislative action of this
ordinance will be requested at the February 20th Council meeting, at which time
staff expects to have received acknowledgment of expedited review.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Building Code Update (Ch 14.01 WUIC) - Ordinance 4484 (PDF)
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ORDINANCE NO. 4484 c
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AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Ch. 14.01 of the
Kent City Code to adopt the 2021 edition of the o
International Wildland Urban Interface Code.
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RECITALS L
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A. In response to legislative amendments adopted by the State of
Washington, the Kent City Council enacted Ordinance No. 4463 on May 16, (L
2023, which adopted the 2021 editions of the International Building,
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Residential, Existing Building, Mechanical, Property Maintenance and Energy
Conservation Codes, and Uniform Plumbing Code. These are scheduled to v
become effective concurrently with the state codes on March 15, 2024. The
changes enacted by Ordinance No. 4463 are incorporated into the text of c
this ordinance. o
B. In November 2022, the State of Washington adopted the 2021
edition of the International Wildland Urban Interface Code, which is also
scheduled to take effect on March 15, 2024. This state-adopted code has
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not been adopted by the City of Kent. Given the upcoming effective date of L)
the state-adopted code, it is necessary to similarly amend the Kent City Code
to formally adopt the same. D
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C. On January 24, 2024, the City's State Environmental Policy Act 0
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(SEPA) Responsible Official determined the ordinance was a nonproject
action exempt from SEPA under RCW 43.21C.450.
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1 Amend KCC 14.01 -
Re; State Building Code Adoption E
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t"D. On January 25 , 2024, the City requested expedited review
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under RCW 36.70A.106 from the Washington State Department of
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Commerce regarding the City's adoption of this code. It is anticipated that
the Washington State Department of Commerce will acknowledge receipt of
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this request before adoption of this ordinance and that the review will be Q
complete prior to the effective date of the code revisions. a
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
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SECTION 1. - Amendment - Ch. 14.01 KCC. Chapter 14.01 of the 0,
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Kent City Code entitled "Building Codes", is amended as follows:
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Chapter 14.01 a
BUILDING CODES
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Sec. 14.01.010. Building codes - Adopted. In accordance with
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Chapter 19.27 RCW, the following codes (collectively, the "building codes"),
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together with any additions, deletions, and exceptions currently enacted or
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as may be amended from time to time by the state of Washington through
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its Building Code Council pursuant to the Washington Administrative Code
("WAC"), and as further amended in this chapter, are adopted by reference:
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A. The International Building Code, 2021 Edition, published by the
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International Code Council, Inc., as amended pursuant to Chapter 51-50
WAC.
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B. The International Existing Building Code, 2021 Edition, published by
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the International Code Council, Inc. U
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Re: State Building Code Adoption E
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C. The International Residential Code, 2021 Edition, published by the
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International Code Council, Inc., as amended pursuant to Chapter 51-51
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WAC.
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D. The International Mechanical Code, 2021 Edition, published by the E
International Code Council, Inc., as amended pursuant to Chapter 51-52 c
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WAC. -0
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E. The Uniform Plumbing Code, 2021 Edition, published by the
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International Association of Plumbing and Mechanical Officials, including the
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Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform
Plumbing Code) as amended pursuant to Chapter 51-56 WAC. o
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F. The International Energy Conservation Code, 2021 Edition, published
by the International Code Council, Inc., as amended pursuant to Chapters .2
51-11C and 51-11R WAC. a
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G. The International Property Maintenance Code, 2021 Edition, published
by the International Code Council, Inc., including the Boarding Standard 00
(Appendix A to the International Property Maintenance Code).
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H. The International Wildland Urban Interface Code, 2021 Edition, o
published by the International Code Council, Inc., as amended pursuant to
Chapter 51-55 WAC.
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One copy of each of these codes is on file with the city's building official, and
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with the city clerk as provided for by RCW 35.21.180.
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SECTION 2. - Severability. If any one or more section, subsection,
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or sentence of this ordinance is held to be unconstitutional or invalid, such L)
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decision shall not affect the validity of the remaining portion of this ordinance
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and the same shall remain in full force and effect.
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SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
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approval of the city attorney, the city clerk and the code reviser are Q
authorized to make necessary corrections to this ordinance, including the a
correction of clerical errors; ordinance, section, or subsection numbering; or a
references to other local, state, or federal laws, codes, rules, or regulations.
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SECTION 4. - Code Synchronization. The changes to the code O
provisions enacted herein shall be implemented simultaneously with the
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state code's change, currently scheduled to be implemented March 15,
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2024. However, if the Washington State Building Code Council further delays
implementation of the state codes referenced by this ordinance, the .2
implementation of this ordinance shall similarly be delayed to coincide with a.
the implementation date of the state codes.
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SECTION 5. - Effective Date. This ordinance shall take effect and be 00
in force thirty days from and after its passage, as provided by law.
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February 20, 2024
DANA RALPH, MAYOR Date Approved D
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ATTEST:
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February 20, 2024 a
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted D
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February 23, 2024 U
Date Published
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APPROVED AS TO FORM: °
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TAMMY WHITE, CITY ATTORNEY
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8.A.1
Pending Approval
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
January 16, 2024
Date: January 16, 2024
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Boyce called the meeting to order.
Attendee Name _ Title Status Arrived
Bill Boyce Council President Present c
John Boyd Councilmember Excused
Brenda Fincher Councilmember Present °
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Satwinder Kaur Councilmember Present 0
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present a
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Toni Troutner Councilmember Present r
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H. PRESENTATIONS c
1 2023 Grant Summary and 2024 Grant David Paine 30 MIN. CN
Opportunities r
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4-
Transportation Planner David Paine updated the Council on the 2023 Grant °
Summary and 2024 Grant Opportunities.
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Paine provided a recap on the 2023 awards from the Puget Sound Regional
Council, Transportation Improvement Board and the U.S. Department of
Transportation.
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Pain reviewed the 2025 - 2030 schedule relating to the TIP update, the a
performance measures dashboard of metrics related to the Transportation
Master Plan goals that shows an overall continued progress towards ;
resilience, and reviewed 2024 grant opportunities and nominations. `
2025+ Grant opportunities will include an emphasis on safety, equity,
connections, active transportation, infrastructure preservation, and resilience
within existing ROW and partnerships.
2 Local Road Safety Plan and Erik Preston 45 MIN.
Transportation Safety Grant
Opportunities
City Traffic Engineer Erik Preston presented the 2024 Local Road Safety Plan
Packet Pg. 22
8.A.1
City Council Workshop Workshop Regular January 16, 2024
Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
and details on the City applying for Highway Safety Improvement Board
grants.
The Local Road Safety Plan is a data-driven risk-based analysis and
prioritization of an agency's roadways. It is part of the State's Target Zero
Initiative and an update is required every two years as part of HSIP grant
applications.
Local Road Safety Plan Element 1:
Identify top priority crash types
Analyze fatal/serious crashes to identify risk factors
Select most common risk factors. 4-
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When analyzing data, look at 5-year window - Paine reviewed the crash data o
from 2018 - 2022, including: a
Total crashes a
Fatal Crashes
Serious injury crashes a
Top three serious/fatal crash types are pedestrian, angle and fixed object.
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Paine reviewed examples of common risk factors and data trends.
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Local Road Safety Plan Element 2:
Analyze roadways for presence of risk factors 0
Create prioritized list of roadway locations r
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Local Road Safety Plan Element 3
Identify countermeasures
Develop projects
Prioritize projects
Paine went over the HSIP grant process and indicated the candidate projects a
for the 2024 HSIP grants include pedestrian hybrid beacons. The candidate 2
spot location project map was reviewed for pedestrian improvements.
Council did not provide any additional guidance on the candidate projects
selected.
Meeting ended at 6:15 p.m.
K� le,y A. Ko-wwto-
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 2 Packet Pg. 23
8.A.2
Pending Approval
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
January 16, 2024
Date: January 16, 2024
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
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2. ROLL CALL
Attendee Name itlle= Status Arrived °
Dana Ralph Mayor Present c
Bill Boyce Council President Present a
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John Boyd Councilmember Excused
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present a
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Marli Larimer Councilmember Present
Toni Troutner Councilmember Present N
Zandria Michaud Councilmember Present N
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3. AGENDA APPROVAL
A. I move to approve the agenda as presented. —
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RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
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4. PUBLIC COMMUNICATIONS a
A. Public Recognition
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I. Employee of the Month
Mayor Ralph recognized Brooks Chadderton as the January 2024, employee
of the month.
II. Proclamation for Kent Rotary's 65 Year Anniversary
Mayor Ralph presented the Proclamation for Kent Rotary's 65 Year
Anniversary to members of the Kent Rotary.
III. Proclamation for Human Trafficking Awareness and Prevention
Month
Packet Pg. 24
8.A.2
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
Mayor Ralph presented the Proclamation for Human Trafficking Awareness
and Prevention Month to Deputy Andy Conner with the King County Sheriff's
Office. Conner accepted the proclamation and expressed appreciation.
IV. Appointment to the Civil Services Commission
Mayor Ralph requested Council appoint Charlie Mitchell to the Civil Services
Commission.
B. Community Events
Council President Boyce announced upcoming events at the accesso ShoWare a
Center. '
Councilmember Fincher announced upcoming Spotlight Series events. 0
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C. Public Safety Report
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Chief Padilla began his Public Safety Report by announcing the promotions of a
Sergeants Matt Levi and Sean Goforth. �-
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End of Year crime statistics were reviewed that included vehicle crimes, o
vehicle thefts, vehicle prowls, residential burglaries and commercial
burglaries. Chief Padilla reviewed the trends over the past 5 years through o
2023. N
Chief Padilla expressed appreciation of the elected officials that testified
today in support of the City's only legislative priority relating to public safety. 4-
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Chief Padilla announced the next Coffee with the Chief will be held on
February 291" from 8-10 a.m. at Maggie's on Meeker.
Finally, Chief Padilla indicated that staffing has recently stabilized.
S. REPORTS FROM COUNCIL, ADMINISTRATION AND STAFF
A. Mayor Ralph's Report a
Mayor Ralph expressed appreciation of Council President Boyce and
Councilmembers Kaur and Michaud for testifying in Olympia in favor of the
City's public safety legislative priority.
B. Chief Administrative Officer's Report
Chief Administrative Officer Pat Fitzpatrick advised his written report is
included in today's agenda packet.
C. Councilmembers' Reports
Boyce provided a recap of the Operations items that went before the
Committee of the Whole today, along with a recap of today's workshop
topics.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 7 Packet Pg. 25
8.A.2
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
Councilmember Michaud provided a recap on the Parks items that went
before the Committee of the Whole today. Michaud serves on the Law, Safety
and Justice Committee that is contemplating closing youth detention facilities
in King County.
Councilmember Kaur serves on the K4C that recently discussed the current
legislative session and bills the committee is supporting.
Councilmember Larimer serves on the King County Ageing and Disability
Advisory Council that recently hosted a speaker from the UW School of Social
Work and the use of AI to monitor patters of at risk seniors.
4-
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Councilmember Troutner provided a recap of the Economic and Community
Development item that went before today's Committee of the Whole. o
Troutner announced the PSRFA meeting will be held on January 17t" at the a
training center on Central. a
Fincher advised the Arts Commission reviewed the City Art Plan for 2024- o
2028 and the 2024/2025 Spotlight Series events. Fincher announced the
King Conservation District is continuing election work. Fincher provided a N
recap of the Public Works items that went before today's Committee of the N
Whole.
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6. PUBLIC HEARING
4-
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None.
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7. PUBLIC COMMENT
Perry Sobolik, a Kent resident provided public comment relating to public
safety and taxation.
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David Bunkelman, a Kent resident spoke about pedestrian-related incidents
around Kentridge High School. a
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8. CONSENT CALENDAR c
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Dec 12, 2023 5:15 PM
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 7 Packet Pg. 26
8.A.2
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
2. City Council Meeting - City Council Regular Meeting - Dec 12, 2023 7:00
PM
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received
through 11/30/23 and paid on 11/30/23, and approve the
checks issued for payroll 11/16/23 - 11/30/23 and paid on
12/5/23, all audited by the Committee of the Whole on
12/18/23.
C. Excused Absence for Councilmember Boyd - Approve a
MOTION: I move to approve an excused absence for
Councilmember Boyd for the January 16, 2024, City Council o
meeting.
D. Carahsoft Technology Federal General Services Administration a
Supply Contract - Authorize a
MOTION: I move to authorize the IT Director to purchase
through the General Services Administration federal supply a
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contract with Carahsoft Technology Corporation, if those
purchases fall within established budgets and are made within N
the term of the contract, which is in effect through August 21, N
2028, or any extended contract term that may be authorized.
E. Cooperative Purchasing Agreement with Justice Systems
Corporation - Authorize 4-
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MOTION: I move to authorize the IT Director to purchase
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through a cooperative purchasing agreement the state
Department of Enterprise Services has with Justice Systems
Corporation through July 31, 2028, and any extended contract
term that may be authorized, if those purchases are within the
City's established budgets.
F. Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent a
City Code - Adopt
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MOTION: I move to adopt Ordinance No. 4482, amending
Chapter 9.02 of the Kent City Code to incorporate new crimes
adopted by the state during the 2023 legislative session.
G. Appointment to the Civil Services Commission - Approve
MOTION: I move to confirm the Mayor's appointment of Charlie
Mitchell to an initial six-year term on the Civil Service
Commission that will begin on May 1, 2024 and expire on April
30, 2030.
H. Kherson Property Purchase - Authorize
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 7 Packet Pg. 27
8.A.2
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
MOTION: I move to authorize the Mayor to take all action
necessary and sign all documents required to purchase the
Peyton property located at 308 West Meeker Street, in the
amount of $347,000, plus closing costs, subject with terms and
conditions acceptable to the Parks Director and City Attorney.
9. OTHER BUSINESS
Mayor Ralph provided an introduction of the Sound Transit Rezone
Ordinance.
a�
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City Attorney Tammy White advised the Council they are being asked to
consider a rezone of 1.09 acres of property, located at 23453 - 301" Avenue
4-
South, from MHP (Mobile Home Park) to MTC-2 (Midway Transit Community 0
2). Economic and Community Development staff will explain in their o
presentation the effect that change will have, if you elect to approve it. a
• The property is owned by Central Puget Sound Regional Transit Authority a
(a/k/a Sound Transit)
• The applicant filing the rezone request is Sound Transit a
• The applicant's representative is Matthew Mateo 0
• No one spoke in opposition to the rezone request
• And Mercy Housing and Open Doors spoke in support of the rezone o
request N
An open record hearing was previously held before the Hearing Examiner on
November 1, 2023. Public notice of that hearing was given as required by the
Kent City Code. After the hearing, the Hearing Examiner recommended 4-
Council approve the rezone request, and it is that recommendation before
you tonight for consideration and, if you agree with the Hearing Examiner,
adoption of the implementing ordinance.
Because this matter would change the zoning on a specific parcel of property,
it is considered a "quasi-judicial matter". a
• Typically, Council sits as a legislative body where it develops policy for the
City. a
• On legislative matters, outside influences can and often do help shape a
Council's policy decisions.
• However, in a quasi-judicial matter, Council sits as a panel of judges
determining the legal rights of specific parties by applying previously
developed policy to a particular property in a hearing or other proceeding.
• When it is applying policy (as opposed to developing it), Council must be
impartial, fair, and free from outside influences.
To help insure fairness and impartiality in quasi-judicial matters, the
Appearance of Fairness Doctrine was developed through the courts and later
codified into state law at Ch. 42.36 RCW.
Before tonight's Council meeting, each Council Member completed an
Appearance of Fairness Disclosure Statement and provided that statement to
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 7 Packet Pg. 28
8.A.2
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
the City Clerk.
White advised she has reviewed those disclosure statements. All Council
Members advised (1) they did not have any ex parte communication with any
proponent or opponent to the rezone request, (2) they do not have any
personal interest in the proposed rezone, and (3) they are able to consider
the rezone request fairly and impartially.
White asked the audience "Do any of you have a lawful basis to ask for the
recusal of a council member due to the Appearance of Fairness Doctrine?"
There were no responses from the audience.
White advised that the record has established that each member of Council is —
qualified to consider this quasi-judicial matter, and the matter may proceed.
White requested the disclosure statements be entered into Council's record of o
tonight's proceeding concerning this quasi-judicial matter. a
a
A. I move to admit the Quasi-Judicial Hearing Appearance of Fairness
Disclosure Statements Completed by all Councilmembers into the Record. a
0
0
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember o
N
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud c
4-
B. Sound Transit Rezone Ordinance - Adopt (QUASI-JUDICIAL)
a�
Senior Planner Sam Alcorn presented the staff report. Alcorn advised he
reviewed the rezone request for compliance with the Kent City Code, he
provided public notice and collected any public comments.
Alcorn summarized the history of the property, the rezone proposal, form of 2
public notice and recommendation for the project.
a
Alcorn advised the site is currently undeveloped and in 2019 Sound Transit a
acquired the property. The property is currently being used for staging and
construction for the new station.
As part of federal funding, Sound Transit was required to relocate residents
of the mobile home park that was on the site. Alcorn detailed all forms of
relocation provided to residents.
Alcorn advised this proposed rezone is consistent with adjacent zoning that
allows for high density mixed use residential development. No environmental
review was needed.
Alcorn detailed all methods of public notice, the public hearing and comments
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 7 Packet Pg. 29
8.A.2
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
received.
Alcorn advised the rezone meets the following five requirements in the Kent
City for granting a rezone:
1. That the rezone is consist with Comprehensive Plan
2. The rezone is compatible with development in vicinity
3. The rezone will not unduly burden the transportation system
4. The circumstances have substantial changed
5. The rezone will not adversely affect general health safety and welfare of
residents N
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There were no questions from the Council.
4-
MOTION: I move to adopt Ordinance No. 4483, accepting the 0
Hearing Examiner's recommendation and approving Sound o
Transit's rezone request. a
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RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember a
0
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud N
Co
N
10. BIDS
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None.
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11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION a
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None.
12. ADJOURNMENT
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Mayor Ralph adjourned the meeting. a
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Meeting ended at 7:51 p.m.
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Ki,mb-eAey A. K&matcr
City Clerk
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 7 of 7 Packet Pg. 30
8.B
KENT
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through
12/15/23 and paid on 12/15/23; approve the checks issued for payroll
12/1/23 - 12/15/23 and paid on 12/20/23; approve the payment of bills
received through 12/31/23 and paid on 12/31/23; and approve the checks
issued for payroll 12/16/23 - 12/31/23 and paid on 1/5/24, all audited by
the Committee of the Whole on 1/16/24.
SUMMARY:
Packet Pg. 31
8.B
Approval of payment of the bills received through: 12/15/23
and paid 12/15/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
12/15/23 Wire Transfers 9962 9988 $3,402,618.89
12/15/23 Regular Checks 774895 775190 $4,074,986.96
12/15/23 Payment Plus 105560 105601 $357,471.93
Void Checks $0.00
Void Payment Plus $0.00
12/15/23 Use Tax Payable $3,724.26
Total Accounts Payable: $7,838,802.04
Approval of checks issued for Payroll: 12/1/23-12/15/23
and paid 12/20/23
Date Document Numbers Amount
12/20/23 Checks $2,408,929.46
Voids and Reissues $0.00
12/20/23 Advices FR&P 463660 463666 $4,370.65
Total Payroll: $2,413,300.11
Approval of payment of the bills received through: 12/31/23
and paid 12/30/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
12/31/23 Wire Transfers 9989 10006 $2,380,674.00
12/31/23 Regular Checks 775191 775522 $4,430,384.75
12/31/23 Payment Plus 105602 105639 $128,439.87
Void Checks $0.00
Void Payment Plus ($35,246.80)
12/31/23 Use Tax Payable $1,207.25
Total Accounts Payable: $6,9059459.07
Approval of checks issued for Payroll: 12/16/23-12/31/23
and paid 01/05/24
Date Document Numbers Amount
01/05/24 Checks $2,429,704.72
Voids and Reissues $0.00
01/05/24 Advices FR&P 463667 463673 $4,370.65
Total Payroll: $2,434,075.37
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 32
8.0
1�#
KENT
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Second Amendment to License Agreement with
Thunderbird Hockey Enterprises, LLC - Authorize
MOTION: I move to authorize the Mayor to sign the Second Amendment to
the License Agreement with Thunderbird Hockey Enterprises, LLC, subject
to final terms and conditions acceptable to the City Attorney.
SUMMARY: On October 2, 2022, accesso ShoWare Center's new all-digital main
scoreboard was operational and began displaying paid advertisements. The
previous main scoreboard contained a mix of digital and fixed signage. Pursuant to
the current License Agreement, the City of Kent and Thunderbird Hockey
Enterprises, LLC allocate the revenue from scoreboard advertising based on the
type of signage (i.e., digital vs. fixed).
Pursuant to the original Agreement, the City was to receive 100% of the scoreboard
fixed-signage advertising revenue to pay for new scoreboard fixtures and
equipment upgrades. The new digital scoreboard and associated equipment was
purchased at a total cost of $1,178,140. As of November 2023, the City has
received final payment on accounts receivable of the scoreboard advertising
revenue dedicated toward the total cost of the new digital scoreboard and
associated equipment.
Now, due to the new scoreboard being all-digital and having no fixed-signage
areas, this amendment recognizes the all-digital format, acknowledges that final
payment from the fixed-signage revenue has been received, and contains additional
provisions for additional advertising and fan engagement opportunities available
with the new scoreboard.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
Packet Pg. 33
8.0
1. Thunderbirds-Second Amend ment_Scoreboard Advertising (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 34
8.C.a
SECOND AMENDMENT
L
TO THE
LICENSE AGREEMENT
BY AND BETWEEN
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THE CITY OF KENT
AND L
a,
THUNDERBIRD HOCKEY ENTERPRISES, LLC
RECITALS
0
A. On October 2, 2022, accesso ShoWare Center's new all-digital main scoreboard was a
operational and began displaying paid advertisements. The previous main scoreboard contained a E
mix of digital and fixed signage. Pursuant to the License Agreement, the City of Kent and
Thunderbird Hockey Enterprises, LLC allocate the revenue from scoreboard advertising based on E
the type of signage (i.e., digital vs. fixed). Now, due to the new scoreboard being all-digital and
having no fixed-signage areas, the parties have agreed to amend the License Agreement and the r
scoreboard advertising provisions therein. cn
B. The revisions to Section 6.3 of the License Agreement, regarding the scoreboard revenue
co
allocations, made by this Amendment in paragraph 1 below shall be effective as of October 2,
2022, when the new main scoreboard began displaying advertisements.
C. This Second Amendment (Amendment) to the License Agreement by and between the City
of Kent and Thunderbird Hockey Enterprises, LLC (License Agreement), amends the original
License Agreement executed on August 7, 2007. All other provisions of the original Agreement
and the First Amendment not inconsistent with this Amendment shall remain in full force and o
effect. For valuable consideration and by mutual consent of the parties, the parties amend the
License Agreement as follows: 0
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AMENDMENT c
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E
1. DELETE Section 6.3 of the Agreement, entitled "Scoreboard Advertising," and a
REPLACE with the following: E
6.3 Scoreboard Advertising. o
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(a) The Team shall be responsible for the sale of all advertising on the Center's y
main scoreboard, and other video screens installed in the Center that receive the E
same audio and/or video feed as the main scoreboard, and to control the content on
all such video or digital portions of the main scoreboard during all Hockey Events
("Scoreboard Advertising"). During all Hockey Events, the team may utilize the
scoreboard for all in-game promotions, advertising, replay, and fan engagement. City,
will, to the extent reasonably possible, advertise all paid sponsors of Scoreboard
Advertising during all non-hockey events during ingress, intermission, and egress, E
when allowed by non-hockey event sponsors. The Team and the City will agree on a r
pricing structure for all Scoreboard Advertising. The Team shall receive a commission a
of fifteen percent (15%) of the revenues from the sale of Scoreboard Advertising,
Packet Pg. 35
8.C.a
plus an amount equal to twenty-five percent (25%) of those revenues after the sales
commission. The City shall retain the remaining seventy-five percent (75%) of
Scoreboard Advertising revenues after the sales commission.
L
(b) If the Center's main scoreboard contains electronic variable advertising of
any kind, the Team shall be entitled, at no cost, to advertise upcoming Hockey Events
for up to five (5) minutes on the main scoreboard at every Non-Hockey Event at
which the main scoreboard is in use.
r
(c) If additional video, digital or electronic advertising media is added to the
Center, that media may be operated during Hockey Events only upon mutual
agreement of the Parties. a
2. DELETE Section 6.4(d) of the Agreement, relating to fixed-signage advertising on
scoreboards, and REPLACE with the following:
J
O
(d) Pursuant to the original Agreement, the City was to receive 100% of the scoreboard
fixed-signage advertising revenue to pay for new scoreboard fixtures and equipment upgrades.
The new digital scoreboard and associated equipment was purchased at a total cost of $1,178,140. _
As of November 2023, the City has received final payment on accounts receivable of the
E
scoreboard advertising revenue dedicated toward the total cost of the new digital scoreboard and a
associated equipment. o
U
(D
AUTHORIZATION AND EXECUTION U)
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All acts consistent with the authority of the Agreement, previous Amendments (if any), and this M
Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and
the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed
to have applied. Mn
aD
The parties whose names appear below represent that they are authorized to enter into this
Amendment, which is binding on the parties to the Agreement.
O
IN WITNESS, by executing this Amendment, the parties below accept all requirements o
of this Amendment, which will take effect on the last date entered below. cn
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THUNDERBIRD HOCKEY ENTERPRISES, CITY OF KENT:
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LLC:
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By: By: Q
(signature) (signature)
Print Name: Print Name: 0
Its Its cn
(title) (title) y
DATE: DATE:
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APPROVED AS TO FORM:
(applicable if Mayor's signature required) O
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Kent Law Department
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a
Packet Pg. 36
8.D
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Consultant Contract Amendment for 2024 Comprehensive
Plan Update — Authorize
MOTION: I move to authorize the Mayor to sign Amendment No. 1 to the
City's contract with MIG, Inc., subject to final terms and conditions
acceptable to the Economic and Community Development Director and City
Attorney.
SUMMARY: On October 18, 2022, City Council approved a contract (CAG2022-403)
to update the City's Comprehensive Plan, including preparation of an Environmental
Impact Statement (EIS) under the State Environmental Policy Act (SEPA).
Amendment No. 1 will increase the contract amount by an additional $410,000 to:
1. Revise the original Comprehensive Plan scope to recognize new state laws
and address data gap assumptions that were previously made ($130,000);
and
2. To add to this contract an update to the City's Downtown Subarea Plan
(DSAP), so the City can continue to qualify as a PSRC (Puget Sound Regional
Council) Regional Growth Center and be eligible and competitive for PSRC
funding opportunities ($280,000).
BACKGROUND:
The original Comprehensive Plan contract was scoped narrowly and assumed
substantial input of City staff time and content for completion. Since contract
adoption, several changes have necessitated a scope change, including most
notably new 2023 State legislation regarding housing policy and SEPA. This has
resulted in substantial data needs and analysis to fully comply with the new
requirement that has a short implementation deadline.
Additionally, after the original contract's adoption, the City learned that the PSRC
Centers Recertification process would start in 2025. Jurisdictions will need to adopt
subarea plans that conform to Vision 2050 and Regional Centers Framework to
remain eligible and competitive for PSRC funding. Kent has two designated Regional
Growth Centers (the Industrial Valley and Downtown) and has received, on
average, about $10-15 million every two years for transportation projects. The
"Rally the Valley" Industrial Subarea Plan was adopted in 2020 and complies with
the updated PSRC requirements. However, the Downtown Subarea Plan (DSAP) was
Packet Pg. 37
8.D
last updated in 2013. Since then, PSRC has adopted new policies and requirements
for Centers and the City must update the DSAP if it wishes to maintain certification
and designation as a Regional Growth Center.
The Economic and Community Development Department has been anticipating
these changes and worked with Finance last year for budgeting purposes to ensure
sufficient funds are available in the Project account to cover the cost of this contract
amendment. No additional budget is needed.
BUDGET IMPACT: The Comprehensive Plan periodic update is a part of the
Economic and Community Development workplan and has been planned for through
existing budget. The City has received $325,000 in grant funds through the
Department of Commerce to offset the cost of this work.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. MIG Inc AmendmentForm(PDF)
2. Exhibit A_final (PDF)
3. Exhibit B_final (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 38
8.D.a
•
KENT
WASHINGTON
AMENDMENT NO. 1
N
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0
NAME OF CONSULTANT OR VENDOR: MIG, Inc. E
a
CONTRACT NAME & PROJECT NUMBER:Comp Plan Update Consultant Services (CAG2022-
403
a
ORIGINAL AGREEMENT DATE: October 11, 2022
a
This Amendment is made between the City and the above-referenced Consultant or Vendor
and amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant or a
Vendor's work is modified as follows: E
0
U
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add o
additional work or revise existing work as follows: N
0
In addition to work required under the original Agreement and any prior
Amendments, the Consultant or Vendor shall: E
a�
MIG, Inc will provide additional work to complete the 2044 E
Comprehensive Plan and EIS in accordance with Exhibit A and
create an updated Downtown Subarea Plan (DSAP) in
accordance with Exhibit B. 0
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2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows: N
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0
Original Contract Sum, $544,090.00 �?
including applicable WSST N
00
Net Change by Previous Amendments $0 M
including applicable WSST E
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Current Contract Amount $544,090.00 0
including all previous amendments
E
Current Amendment Sum $410,000
Applicable WSST Tax on this $ a
Amendment c
Revised Contract Sum $954,090.00
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as
E
U
0
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AMENDMENT - 1 OF 2 Packet Pg. 39
8.D.a
Original Time for Completion December 31,2024
(insert date)
Revised Time for Completion under Same
prior Amendments
(insert date) N
L
Add'1 Days Required (f) for this 0 calendar days 0
Amendment
a
Revised Time for Completion December 31,2024 1
(insert date)
a
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by r-
its signature waives any protest or claim it may have regarding this Amendment, and a
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected c
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise a
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and E
warranty provisions of the original Agreement. U
v
N
O
All acts consistent with the authority of the Agreement, previous Amendments (if any), and N
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, 42
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be a
deemed to have applied. E
a�
The parties whose names appear below swear under penalty of perjury that they are E
authorized to enter into this Amendment, which is binding on the parties of this contract.
L
IN WITNESS, the parties below have executed this Amendment, which will 0
become effective on the last date written below. L)
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CONSULTANT/VENDOR: CITY OF KENT: N
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By: By:
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Print Name: Print Name: Dana Ralph M
E
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Its Its: Mayor
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DATE: DATE: E
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ATTEST: APPROVED AS TO FORM: E
(applicable if Mayor's signature required) Q
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Kent City Clerk Kent Law Department
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[In this field,you may enter the electronic filepath where the contract has been saved]
AMENDMENT - 2 OF 2 Packet Pg. 40
8.D.b
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January 10, 2023 0
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a
Kristen Holdsworth,AICP, Long Range Planning Manager
Planning Services I Economic&Community Development
400 West Gowe Q-
Kent,WA 98032
a
Subject: 2023 Comprehensive Plan Update Project Status
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Dear Kristen:
L
Q
E
MIG is honored to continue working with the City of Kent to update the Comprehensive Plan as 0
U
required by Washington State's Growth Management Act.As we close out 2023,we wanted to N
prepare an update for you and the team on where we are in terms of budget and scope. o
N
L
0
As of December 15, 2023,we have expended approximately 63% of the approved budget
and are requesting an additional$130,00.The attached table details the task items that are
currently at or over budget.The additional budget we are requesting would cover the tasks that
we have completed approved,but unscoped work, in addition to a revised budget for tasks that E
will include additional work in 2024. a
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U
• Project Management and Coordination(Task 1): In 2023 additional coordination L
meetings with City departments and the discussions around the Downtown Subarea Plan o
were covered in this task.This task also absorbed the hours to draft the scope of work U
and budget for the upcoming Downtown Subarea Plan (DSAP) update.
o 2024 Additional Budget Request: $8,000 N
c
0
• Land Use and Planning Board/City Council Work Session(Task 2.5):Additional U
coordination around the work session for the Joint Council and Land Use and Planning CIA
LO
Board was necessary.This included compiling the results of the community engagement 00
M
activities (survey,internal department work session,and community and youth focus
group results) into a package that could be presented at the work session.This included c
various heat maps and updating the base map for the work session.The budget request is 4-
1
to cover the overage. ,
o 2024 Additional Budget Request: $3,464 Z
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• Stakeholder Meetings and Focus Groups (Task 3.2): MIG led and participated in two-
days of community focus groups and a full-day high school focus group to facilitate the m
Game of Homes (and Jobs). Initially,these were assumed to be virtual and more
conversational rather than interactive.The budget request is to cover the overage.
o 2024 Additional Budget Request: $3,370 Q
PLANNING I DESIGN I COMMUNICATIONS I M A N A G E M E N T I SCIENCEI TECHNOLOGY
119 Pine Street, Suite 400 Seattle, WA 98101 • USA • 206-223-0326 • www.migcom.com
Offices in: California Colorado • New York • Oregon • Texas • Washington
Packet Pg. 41
8.D.b
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• Community Engagement(Tasks 3.3,3.7, and 3.8):The Public Engagement Plan (PEP) o
recommended best practices and effective strategies to increase collaboration with E
community-based/local organizations and engagement with populations that are a
traditionally under-represented in city and planning processes.The contract amendment
includes funds to compensate community members for ongoing participation in the
Community Advisory Group (CAG) by providing up to$90.00 for each meeting attended. It Q-
also includes up to$6,000 in compensation for outreach collaboration with community- c
based organizations as well as nominal incentives,such as grocery gift cards,to increase a
participation with individuals in the community.
o Additional Budget Request: $12,166
m
• Chapter 2: Land Use Element(Task 4.2):MIG assumed the Buildable Lands Inventory Q.
(BLI) from King County would be sufficient. However,this was not the case. MIG updated E
the BLI and reviewed the City's permit and development information to ensure the 0
inventory was reflective of what is actually occurring in the City.The additional budget N
request includes analysis of the City's permit information,more extensive updates of the N
Land Use Element and additional modeling for the DEIS. `o
o Additional Budget Request: $10,000
c
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• Chapter 3: Housing Element(Task 4.3): MIG assumed much of this chapter would be
pulled from the recent Kent Housing Opportunities Plan.After reviewing State guidance
on the Housing Element that were not available when the original scope and budget was a
developed, MIG requests additional budget to meet those requirements.The additional
budget request includes drafting of the chapter,ensuring HB1220 requirements are
addressed,and conducting an analysis for emergency housing. v
o Additional Budget Request: $15,000
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• Chapter 6: Utilities Element(Task 4.6): This additional budget request includes y
additional coordination,oversight,and communications with utility service providers c
outside of the City of Kent.MIG will,as appropriate,review relevant existing utility plans, v
coordinate with service providers and the City's Public Works department and complete N
the Utilities Element of the Comprehensive Plan. M
o Additional Budget Request: $10,000 S
■ Please note that this request may be removed if the City's Public Works c
Department agrees to lead the effort. Qi
• Chapter 11: Climate Element(Task 4.11):Work conducted for this element includes
initial upfront coordination specifically related to the Climate Element between MIG staff w
and Kent staff.Coordination and meetings with Cascadia (who provided some high-level
general policies to build off of for the climate element).Finally, drafting the climate impact E
sections and researching Kent-specific project climate impacts using state and regional z
sources to help inform the policies that were drafted.The additional budget request
includes completing the chapter draft. a
o Additional Budget Request: $3,000
MIG. Inc.
Packet Pg. 42
8.D.b
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• EIS(Task 5): MIG assumed the existing Comprehensive Plan DEIS (City of Kent o
Comprehensive Plan Review and Midway Subarea Planned Action EIS 2010)would have E
significant information that would be pulled into the DEIS. However,we were only able to Q
pull minimally into the affected environment sections and additional review and analysis
was required.Work(not including the impact analysis and mitigation sections) included:
o Providing large new sections for the Affected Environment as some information 0-
was missing or sources were over 15 years old (e.g.,native plant species list in
DEIS comes from personal communications with City staff; pulling in more recent a
hazard data,traffic data,housing, employment, etc.)
o Drafting the Regulatory Environment for each section of the EIS to reflect current
federal,state,and regional/local requirements before presenting the impact
analysis or mitigation measures.While the Natural Environment section of the L
2010 DEIS does contain a regulatory environment section (the only one of the E
seven sections in the existing DEIS that does),it's at such a level that some of the 0
existing regulatory mechanisms the City could rely on instead of mitigation are N
missed (e.g., Migratory Bird Act is missing,Shoreline Master Program lacks N
information on how this existing program mitigates environmental impacts).The `o
other regulatory environment sections for other chapters had to be created.
o Drafting impact threshold sections.The existing DEIS and other City SEPA E
documents did not include thresholds that communicate when the team/City
considers an impact significant.The creation of these required additional team E
coordination. Q
o The original scoping did not include incorporating the DSAP into the DEIS.
Paragraphs were added to the Affected Environment to include more discussion of
the DSAP planning area. o
o Finally,new legislation passed since 2010 required either changes to the
regulatory environment or what the city is required to analyze/do (e.g.,middle ig
housing; racially disparate impacts,etc.). y
o Additional Budget Request: $35,000 r-
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■ Please note that MIG the budget estimated for Task 5.5 is dependent on v
the number of comments received and the depth of analysis necessary to N
respond.While MIG is prepared to lead this effort,if we find that it takes M
more time to respond,assistance from the city may be requested to S
complete this task. c
• Supplemental Staff Support(Task 6): MIG will provide the City additional project
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support as requested by the Long Range Planning Manager/Comprehensive Plan Update
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Project Manager. w
o Additional Budget Request: $30,000
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The maximum total for the tasks outlined above is $130,000.This is a maximum amount not to z
be exceeded unless the City authorizes a change to the scope of work.
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MIG, Inc.
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We look forward to continuing the project and presenting a 2044 comprehensive plan that will be o
a roadmap for the City and meet the requirements of the periodic comprehensive plan update per 3
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Sincerely,
5,6LGd8rL2 �� `—°
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Southisone S. Garner N
MIG Project Manager and Planner
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MIG. Inc.
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Kent Comprehensive Plan Update Amendment
2023 Budget Status Original Budget Spent to Date Remaining Budget Request
1 Project Management I
1=ProjectManagement/Team Oversight $ 21,320 $18,955.00 2,365
1.2 Team Meetings/Coordination Calls (80) $ 26,400 $19,427.50 6,973 $ 8,000
Subtotal $ 47,720 I $38,382.50 $ 9,338 $ 8,000
2 Project Initiation • Information Gathering
2.1 Project Kickoff $ 4,400 $5,153.58 (754)
2.2 Plans Review $ 4,520 $4,425.00 95
2.3 Comprehensive Plan Regulatory and Equity Assessments $ 15,410 $15,482.50 (73)
2.4 Baseline Conditions Analysis $ 14,070 $12,285.99 1,784
2.5 Land Use and Planning Board/City Council Work Session $ 4,180 $7,644.02 (3,464) $ 3,464
Subtotal $ 42,580 $44,991.09 I $ (2,411) $ 3,464 N
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3 Baseline Analysis
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3.1 Public Engagement Plan $ 4,930 $5,365.00 (435) a
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3.2 Stakeholder Meetings and Focus Groups $ 6,780 $10,149.70 (3,370) $ 3,370
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3.3 Community Advisory Committee Meetings(6) $ 24,420 24,420 $ 12,166
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3.4 Public Engagement Toolkit $ 7,170 $7,627.50 (458) a
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3.6 Community Kickoff and Scoping $ 24,560 $24,412.92 147
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3.7 Community Priorities and Values Workshop $ 19,800 19,800 2
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3.8 Draft Future Land Use Map Open House $ 19,800 19,800 0
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3.9 Project Website and Logo $ 21,220 $20,311.25 909 c
Subtotal $ 128,680 I $67,866.37 I $ 60,8141 $ 15,536 c
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4 Comprehesnsive, Plan
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4.1 Chapter 1: Profile and Vision $ 4,460 $1,815.00 2,645
4.2 Chapter 2: Land Use Element $ 28,000 $33,093.94 (5,094) $ 10,000 a
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4.3 Chapter3: Housing Element $ 12,930 $14,290.00 (1,360) $ 15,000
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4.4 Chapter 4: Transportation Element $ 59,480 $6,073.32 53,407 v
4.5 Chapter 5: Parks & Recreation Element $ 5,720 $1,915.00 3,805
4.6 Chapter 6: Utilities Element $ 4,980 4,980 $ 10,000 0
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4.7 Chapter 7: Human Services Element $ 3,390 3,390
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4.8 Chapter 8: Economic Development Element $ 3,390 $2,375.00 1,015
4.9 Chapter 9: Capital Facilities Element $ 4,110 4,110 ;E
4.1 Chapter 10: Shoreline $ 2,380 $480.00 1,900 a
4.11 Chapter 11: Climate Element $ 7,910 $9,197.50 (1,288) $ 3,000 w
4.12 Land Use and Planning Board Meetings (2) $ 5,900 $1,740.00 4,160
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[4.13 Board, Committtee and Council Presentations (8) $ 23,600 $4,350.00 19,250
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Subtotal 166,250.00 $75,329.76 $ 90,920 38,000.00 a
Draft
5.1 Scoping $ 5,500 $4,985.00 515
5.2 DEIS Outline $ 8,660 $5,517.50 3,143
5.3 Preliminary DEIS $ 35,600 $38,648.75 (3,049) $ 21,500
5.4 Draft EIS with 30-Day Review Period $ 74,030 74,030 $ 8,500
5.5 Final EIS $ 22,180 22,180 $ 4,000
5.6 SEPA Ordinance and Implementation Memorandum $ 6,840 6,840 $ 1,000
Subtotal $ 152,8101 $49,151.25 1 $ 103,659 $ 35,000
Supplemental . . .
6.1 Supplemental Staff Support $ - $ 30,000
Packet Pg. 45
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Downtown Subarea Plan (DSAP) Update: City Goals
1. Comply with PSRC centers requirements to ensure continuity of funding/grant opportunities
2. Evaluate boundaries and understand their various purposes:this will include a variety of topics N
(the DSAP area is much larger than the downtown PSRC centers designation, KDP is looking to 0
establish their boundaries, need to meet PSRC centers "activity unit" amounts, discuss any a
adjustments, etc.) i
3. Create a plan that is visionary yet realistic about market expectations.The plan should identify
some short-term action items that can be achieved in the next 5 years. a
4. Coordinate and leverage opportunities (ie:TIF, Brownfields grants, etc)
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5. Explore private and public open s ace recreational opportunities,es, etc. a
6. Remove Planned Action Ordinance (PAO) and incorporate into Comp Plan SEPA EIS the infill
development exemption
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Total Downtown Subarea Plan Budget: $280,000 (includes 10% Administrative Fee) Q
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Task 7.1 Project Management/Downtown-Related Team Meetings N
Task 7.11 PM/Management Meetings
MIG will provide project management for the DSAP, including coordination with the Comprehensive Plan. d
Project management meetings will also include technical leads, as needed, to coordinate with the broader E
comprehensive plan team on specific tasks for the DSAP. DSAP coordination meetings are assumed to occur as E
part of the Comprehensive Plan PMT Q
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Task 7.12 Land Use and Planning Board/City Council Meetings
MIG will prepare for and present at up to four Land Use and Planning Board and City Council meetings to 0
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provide updates and gather input on the DSAP (in addition to those assumed for the Comprehensive Plan).As r_
needed, MIG will assist in preparations for additional meetings where City staff are presenting.As needed the
DSAP and Comprehensive Plan can be presented at the same meetings, sessions or other appropriate venue o
and format, determined by City staff. U
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Task 7.13 Project Kickoff00
MIG, Fehr& Peers, and CAI will coordinate with the City to schedule and facilitate an in-person approximately ra
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three-hour kickoff meeting to (1) identify specific measures of success for the DSAP; (2) define key elements, 4-
task dependencies, and completion of the project, including alignment with the Comprehensive Plan; and (3) m
discuss outreach strategy. Team members will also tour the Downtown area, documenting key features and
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Total Task 7.1 Budget: $22,870
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Task 7.2 Public Engagement (Downtown Focused)
Task 7.21 DSAP Working Group
MIG will work with the City to plan for and facilitate a DSAP Working Group to review and provide input on
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the project at major project milestones related to Downtown. MIG assumes up to four meetings that will be o
up to 2 hours each. Working Group participants could also be part of the Comprehensive Plan advisory group, 3
provided they have a connection to the DSAP area. Q
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Task 7.22 Downtown Focused Interviews
MIG and CAI will facilitate up to 10 individual meetings or focus groups focused on downtown issues and D
opportunities. Meetings may be in person or virtual.The City will contact and organize the meeting attendees. M
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Focus groups may include City staff and leadership,as well as others with and interest in Downtown, including:
• Businesses
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• Land and property owners L
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• Developers E
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• Kent Downtown Partnership, Kent Chamber of Commerce, and Kent Station V
• Service providers and service based organizations c
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• Residents o
• Housing and Commercial Management Companies
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• Kent partners for significant events(Lions, Kiwanis, etc.) E
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MIG will facilitate the meetings and provide a summary of input following the conclusion of all meetings and
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focus groups. Q
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Task 7.23 Engagement (Comprehensive Plan Community Priorities Workshop)
As part of the Comprehensive Plan Community Priorities Workshop MIG will also provide opportunities to U
discuss the DSAP and the specific elements assumed to be covered within the DSAP. Focus will be primarily on
growth assumptions and other elements that support both plans.
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Task 7.24 Downtown-Focused Open House
After the Administrative Draft Downtown Subarea Plan is completed (see Task 6.2) MIG will coordinate with �
00
the City to host an open house or similar activity/event to provide the community and interested parties an
opportunity to discuss the draft DSAP and provide comments.This open house will include displays of the draft c
plan and interactive ways to identify priority elements and actions that should be highlighted in the prioritized 4-
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list of actions.
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Task 7.25 Pop-Up Events w
MIG will provide information, such as board and infographics, for up to two pop-up events held in the DSAP
area. MIG assumes that the City will coordinate and manage these events. MIG will provide summaries of the E
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results of the events.
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Total Task 7.2 Budget: $44,190 Q
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Task 7.3 Existing Conditions
Task 7.31 Downtown Mapbook
MIG will develop a Mapbook suitable for incorporation on the City's website that provides information about
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existing conditions related to downtown that has not already been collected during the comprehensive plan o
(although some existing information may need to be reformatted). MIG will provide online versions of the 3
maps, as data allows, and will also provide all data and native files associated with maps for City use. MIG Q
assumes it will collect and map the following information, as available:
• Vacant and underutilized lands D
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• Ownership (public/private) a
• Critical Areas and floodplain >
• Parks, Open Space, and Trails
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• Transit (existing and future) a
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• Transportation network(existing and future) 0
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• Utilities and capacity considerations N
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• Brownfields
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• Development(since the existing DSAP was adopted) and project pipeline
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• Revenue generated by Downtown businesses and events
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• Development that has occurred since the SEPA Planned Action Ordinance was adopted. This E
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information will also be gathered through interviews completed in Task 2.2. Q
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• Projects using Multifamily Tax Exemption funding(as feasible)
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Task 7.32 Granular Assessment U
MIG will complete a granular assessment of Downtown streets,building frontages,landscaping,parks and open
space,and other elements to identify areas of focus for specific future interventions.The focus of the granular N
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assessment is to identify, from a pedestrian and placemaking perspective, the Downtown environment and 0
where specific actions might be appropriate to improve the vitality of the district.The granular assessment is w
assumed to include the following analysis: M
• Ground floor activity
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• Connectivity and identity between Downtown areas
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• Facades and existing activation
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• Parks and open space w
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• Pedestrian and bike connectivity
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• Landscaping and natural environment
• Brownfields Q
• Existing wayfinding
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The outcomes of the granular assessment will be series of maps with specific issues and potential actions that
can be used to develop short, medium and long-term implementation plans. The granular assessment will
incorporate, as needed, mapbook information completed in previous tasks.
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Task 7.33 Market Analysis o
Community Attributes will utilize guidance in Vision 2050 and PSRC's updated Regional Centers Framework to 3
undertake a market analysis of the Downtown subarea that fulfills regional center requirements. Q
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Preliminary Boundary Analysis: CAI will collaborate on a preliminary analysis of the various existing boundary to
definitions of Downtown aimed at identifying a consensus boundary of the subarea upon which to base our D
market analysis metrics. In addition to existing GIS shapes, relevant data for establishing boundaries may M
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include, but is not limited to, demographic data and trends and/or selected real estate market indicators.
Market Study: Using the selected Downtown Subarea Boundary, analysis will include an assessment of r_
demographic, economic, workforce, and housing data and trends, including employment and population L
forecasts. Real estate market indicators will be developed including vacancy and lease rates, sales, and E
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deliveries and absorption by type. The analysis will establish baseline figures for activity units and density in �j
the subarea and will ascertain zoned development capacity to inform strategies to meet growth targets. c
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Regional Centers Framework Criteria: The Puget Sound Regional Council's Regional Centers Framework
checklist includes seven areas of planning that each Regional Center must meet. CAI will synthesize existing
conditions findings to identify areas of non-compliance for quantitative criteria such as existing density and E
market potential.This summary will inform planning strategies and recommendations for the draft DSAP plan. E
CAI will summarize preliminary findings in a brief technical memo.The complete market study and supporting
framework criteria will be summarized in a technical memo for inclusion, as needed, in the draft DSAP.
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Total Task 7.3 Budget: $58,240
Task 7.4 Vision and Goals
Task 7.41 Draft and Final Vision and Goals �
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Using the information through the Downtown focus groups, Working Group, and Comprehensive Plan
engagement process, MIG and the City will confirm or update, as needed, the Downtown vision described in ;
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the current Downtown Kent Plan.As part of this confirmation process,MIG and the City will update the existing 4-
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goals to incorporate community, interested party input, and Vision 2050. The outcome of this task will be a
brief memorandum describing the vision and goals for the project. x
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Total Task 7.4 Budget: $3,860
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Task 7.5 Downtown Development and Design Concept
Task 7.51 Growth Targets Analysis
MIG and CAI will prepare a brief memorandum that documents compliance with the PSRC regional center
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growth targets and activity units. Analysis will be completed using information gathered through the 'o
Comprehensive Plan and scenario planning process completed for the Comprehensive Plan, market and pro- 3
forma analysis to identify existing and projected growth within the Downtown regional center boundary. The Q
outcome of this task will be a brief memorandum with tables and other supporting information necessary to
meet PSRC requirements. a
Task 7.52 Urban Design Concept
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MIG will develop a layered Downtown map using information gathered from existing plans for streetscape,
parks, and other known capital improvement projects, the results of the granular analysis, and known
development projects in Downtown. The Urban Design Concept will form the basis of capital facility and
placemaking recommendations for the plan. Expected components of the Urban Design Concept include:
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• Streetscape recommendations and cross sections, as appropriate,for streets within the Downtown V
boundary.These will also include recommendations for pedestrian and bicycle amenities c
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• Land use and urban design recommendations, including recommendations for connecting important o
civic spaces, including City Hall,the Library, ShoWare, and Kent Station train platform
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• Parks and trails connectivity within the Downtown area E
• Environmental considerations and integration, including best practices for flood prone areas aa)
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• Safety considerations and CPTED Q
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• Design review—Best practices update,what works,what doesn't, added costs vs. benefits?
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• Up to four visualizations of Downtown, illustrating components of the Urban Design Concept C)
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Task 7.53 Transportation Analysis °
Fehr & Peers will provide supplemental information and guidance as necessary and requested for the
0
Downtown Subarea Plan and the boarder concurrent Comprehensive Plan effort.This may include an analysis U
of transportation needs in downtown Kent as part of the Downtown Strategy Action Plan. Admin time, CM
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coordination, and one in person meeting at the city are included in the task budget.
The requested information may include a transportation assessment where Fehr & Peers will work with City
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staff and the project team to identify potential project ideas and recommend network changes for Downtown. opt
To the extent possible, the analysis would leverage work developed for the 2021 TMP, including existing
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conditions documented in the TMP. w
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To support the incorporation of the DSAP work into the Comprehensive Plan EIS,the following elements could
be evaluated as part of this transportation assessment or informed by previous contracted efforts by the city: E
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• Vehicle/Freight: Multimodal Intersection level of service (MMLOS)for 2044 PM Peak Hour conditions Q
at Downtown intersections identified in the TMP.
• Transit: identify key routes under existing and planned conditions.
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• Potential impacts and project ideas related to active transportation will be discussed qualitatively.
• Safety(Coordinated with City of Kent's- Local Road Safety Plan update)
• Parking Best Practices memorandum
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Documentation 0
Fehr & Peers will draft the transportation chapter for MIG to incorporate into the DSAP. The transportation Q
chapter will leverage the summary and analysis completed for the TMP and Comprehensive Plan. This task i
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assumes that graphics will be used from the City of Kent's TMP and Comprehensive Plan as well as to
incorporation of one round of consolidated edits from City staff. If it is determined that a Supplemental EIS is D
necessary, a separate scope and fee will be developed on a time and materials basis. M
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Optional Task: Transportation Visioning
If requested, Fehr& Peers can lead a 2-hour transportation charrette-style workshop to brainstorm with staff c
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ways to improve safety, connectivity, and efficiency on Downtown roadways.This would be an opportunity to
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revisit the transportation networks from the TMP, focusing on the Downtown Subarea. If requested, we can Q'
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vet these ideas by taking staff on a walking audit of downtown roads to identify potential solutions on the fly, U
to be revisited and built upon in the planning process. c
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Task 7.54 Utilities .°
MIG will coordinate with the City's Public Works department to identify where additional utilities will be
required to support growth assumptions. MIG assumes the growth assumptions identified for the DSAP will be E
the same as the future land use map developed for the Draft Comprehensive Plan and utilities analysis E
completed for the EIS. Q
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MIG will summarize the anticipated utilities information provided by the Public Works Department. The L
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summary will include a prioritized set of recommendations for projects, consistent with the future land use O
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map, streetscape projects,and utility plans. c
Task 7.55 Pro Forma Analysis
CAI will conduct a feasibility analysis to provide the City with an understanding of overall development
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feasibility within the Downtown Subarea. The City of Kent and CAI will collaborate to define up to 3 w
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development scenarios, including a selection of residential, commercial, industrial, or mixed use development M
types depending on the City's interests.CAI will conduct research and analysis, leveraging the market study,to
establish reliable assumptions for inclusion in a pro forma model. CAI will rely on the City of Kent to provide 4-
data to define scenarios and will use both publicly available data as well as commercial real estate data (such m
as CoStar)to fill any gaps on data required. Specific subtasks will include:
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• Collaborate with City of Kent to define up to 3 development scenarios
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• Develop a data request to share with City of Kent E
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• Collect remaining data required to develop a pro forma model
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• Develop interview questions for use in Task 2.2 focus groups with developers to review and confirm Q
data and assumptions
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• Summarize findings on development feasibility within the Downtown subarea
Total Task 7.5 Budget: $99,710
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Task 7.6: DSAP Plan
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Task 7.61 Preliminary Plan Outline
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MIG will generate an annotated outline for the DSAP that will provide an overall snapshot of the Plan
organization, document format ("mock-ups" of sample page layouts), and a list of proposed graphics. The °-
anticipated sections of the DSAP will include the following:
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• Executive Summary
• Introduction and PSRC requirements, including background of previous planning efforts
• Vision and Downtown context
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• Regional Center boundary 0
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• Activity Unit capacity
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o Housing ci
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o Employment
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• Land Use and Urban Form E
o Layered maps E
o Visualizations Q
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o Parking policies
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• Multimodal Connectivity U
o Bike
o Ped
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o Roadway U
o Rail considerations and planned projects, including quiet zone CM
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• Parks and Open Space
• Streetscape
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• Prioritized action/projects plan (5 year plan)for each section listed above m
• Funding and Financing Options z
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o What does the plan call for and what is it going to cost w
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o TIF
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o Incentives
o Other potential funding and financing options Q
• Development Code and Design Guideline Updates
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Task 7.62 Administrative Draft Plan
MIG will develop an Administrative DSAP, including charts, maps, and figures. The Administrative Draft Plan
will be in a Word-based text format with associated key graphics as an attached companion.The narrative will
make references to clearly identified graphics that will be attached after the conclusion of the narrative. MIG N
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assumes three rounds of review. Upon completion of the editing process, MIG will produce the formatted t
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document using InDesign, providing electronic versions to the City for review and submittal to the Land Use Q
and Planning Board and City Council for review.
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Task 7.63 Review, Approval, and Adoption Process
MIG and the City will jointly present the draft the Land Use and Planning Board and City Council for review. c
MIG assumes that it will present at up to four meetings of the Land Use and Planning Board and City Council, a
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for a total of eight meetings. Up to two Consultant team members will be present for the meetings As feasible,
the DSAP and Comprehensive Plan can presented at the same meetings.
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Task 7.64 Final Plan
MIG will incorporate feedback gathered throughout the review and approval process into a final DSAP O
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document optimized for printing and posting online. MIG assumes two rounds of review and printing to be N
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completed by the Client. MIG will provide print-ready and web versions of the plan. MIG will provide the N
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InDesign files to the City at completion of the project.
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Total Task 7.6 Budget: $40,874 -EEE
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e s t i m a t e d p r o j e c t c o s t
Direct
MIG Fehr&Peer Subconsultant Totals Costs T.t.l.
$280,000
1 Project Management m
IN
1.1 PM/Management Meetings 92 $5,900 $0 $0 $0 $5,9 00 -
O
1.2 Land Use and Planning Board/City Council Meetings(4) 32 $5,840 $0 $0 $0 $2,000 $7,840 Z
1.3 Project Kickoff 28 $4,450 $2,860 $1,070 L $3,930 $750 $9,130
Subtotal 92 516,190 $2,860 $1,070 $3,930 $2,750 $22,870
2 Public Engagement 1.
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2.1 DSAP Working Group(a) so $10,860 $0 $0 $0 $3,000 $13,860 (�
2.2 Downtown-Focused Interviews 92 $5,020 $0 $5,320 $5,320 $500 $10,840 Q.
2.3 Engagement(Comprehensive Plan Community Priorities Workshop) 34 $4,890 $0 $0 $0 $4,890
2A Downtown-Focused Open House 66 $8,980 $0 $0 $0 $1,000 $9,980
2.5 Pop-Up Events 36 $4,620 $0 $0 $0 1 $4,620 a
Sabmral 2,' $34,370 $0 $5,320 $$320 $4,500 $44,190 ;
3 Existing N
Conditions 3.1 Downtown Mapbook 70 $9,660 $0 $0 $0 $9,660
3.2 Granular Assessment 110 1 $14,620 $5,920 $0 $5,920 $20,540
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3.3 Market Analysis 6 $1,060 $0 $26,980 $26,980 $28,040 L
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Submml 186 $25,340 $5,920 $26,980 $32,900 $0 $58,240 E
4 Vision and Goals 0
4.1 Draft and Final Vision and Goals 26 $$ U
860 $0 $0 $0 $3,X60
Sabmml 26 $3,860 $0 $0 $0 $0 $3,860 C
Downtown Development and Design Concept N
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5.1 Growth Targets Analysis 70 $8,940 $0 $0 $0 $8,940 0
5.2 Urban Design Concept 214 $24,780 $0 $0 $0 $24,790 y�
5.3 Transportation Analysis �
5.3.1 Transportation Assessment 6 $1,320 $31,550 $0 $31,550 $32,870 E
5.3.2 Documentation 4 $660 $12,810 $0 $12,810 $13,470 �
5.3.3 Optional Task:Transportation Visioning 0 $0 $0 $0 $0 $0 C�
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5.4 Utilities 22 $2,610 $0 $0 $0 $2,610 Q
5.5 Pro-Forma Analysis 6 $990 $0 $16,050 $16,050 $17,040 +'
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Submmt 324 $39,300 $44,360 $16,050 $60,410 $0 $99,710 L
6.1 Preliminary Plan Outline 2 $400 $0 $0 $0 $400 V
6.2 Administrative Draft Plan 160 $24,300 $0 $0 $0 $24,300 �+
6.3 Review,Approval and Adoption Process 32 $5,840 1 $0 $0 1 $0 $2,000 1 $7,840 $�
6.4 Final Plan ss $8,334 $0 $0 $0 $8,334
Submml 274 $38,874 0 $0 $0 $2,000 540,874
Professional Time and Costs Subtotal 1 $157,934 $53,140 $49,420 $102,560 $9,250 $269,744 O
ee $10,256 l0%Administrative F (•�•
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Total Project Cost :1 111 LO
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•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Grant Acceptance from King County Parks Levy Grant
Program - Boeing Rock Recreation/Habitat Enhancement -
Authorize
MOTION: I move to authorize the Mayor to accept grant funds from
King County in the amount of $200,000 for the Boeing Rock Recreation
and Habitat Enhancement project, amend the budget, authorize
expenditure of the grant funds, and authorize the Mayor to sign the grant
agreement subject to final terms and conditions acceptable to the City
Attorney and the Directors of Public Works and Parks.
SUMMARY: The King County Parks Levy grant program provides funding to local
jurisdictions to restore river function and increase public awareness of river
corridors as valuable natural resources. The Boeing Rock Recreation and Habitat
Enhancement Project ('Project") has been awarded funds to conduct a feasibility
study and alternatives analysis that balances Green River uses and functions
along the Boeing Rock levee.
The Project is located along the right (east) bank of the Green River between
South 200t" Street and South 2121" Street and is approximately 0.8 miles in length
and approximately 200 feet in width. This project site is situated immediately
downstream from the Lower Russell Levee and Habitat Improvements, which
improve salmon habitat in the Lower Green River.
This Project will be designed to provide multiple benefits, including improving
habitat in the Lower Green River, increasing floodplain storage, and adding
recreational opportunities. The biggest limiting factor for salmonid productivity
and population growth in the Green River is a lack of suitable fry (small salmon)
habitat. The lack of habitat pushes fry to migrate to Puget Sound prior to
obtaining adequate growth, dramatically reducing the chance of survival. This
Project will improve fish habitat and provide a variety of passive recreational
experiences along the river as well.
Funding from this grant will provide the matching funds needed under the Salmon
Recovery Funding Board grant.
BUDGET IMPACT: No additional funding required, as this is a "no match" grant.
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SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Boeing Rock Grant Agreement-Kent (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
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City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
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King County .0
PUSH Q
OPEN SPACE—RIVER CORRIDORS PROGRAM
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FEASIBILITY/PLANNING PROJECT GRANT AGREEMENT E
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Department/Division: Natural Resources and Parks / Parks and Recreation w
Grant Recipient: City of Kent
Project: Boeing Rock Recreation/Habitat Enhancement =
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Award Amount: $200,000 Project#: 1144640 Contract#: 6416640
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Term Period: To 11/30/2026
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THIS AGREEMENT is a grant agreement entered into between City of Kent- ("Grant Recipient") and o
King County(the"County") (referred to individually as a"Party"and collectively as the"Parties")for a m
feasibility study and/or design development("Feasibility Study")for flood risk reduction,habitat
restoration,open space,and/or recreation along river corridors using an Open Space —River Corridors
Program grant. a
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RECITALS a
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A. Ordinance 18890, which took effect May 13, 2019, called for a special election to
authorize the King County parks, recreation trails and open space levy. On August 6,
2019, King County voters approved the levy, which included funding for habitat M
restoration, open space acquisition or recreational opportunities that are integrated with
preventive and corrective measures to reduce the risk of flooding in order to address the
pressures of rapid growth in King County. Y
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B. Motion 15378, Section A.5., and Attachment E, further delineated the use of levy funds for
the Open Space—River Corridors Program and the guidelines governing that use. a,
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C. Ordinance 19166, Attachment D established the grant award criteria and the process for i
the distribution of Open Space—River Corridors Grants as well as the proposed
composition of an advisory committee to review and make recommendations on the grant c
awards.
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D. King County, a home rule charter county and political subdivision of the State of 0
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Washington, is authorized to administer the Open Space—River Corridors Program and
enter into agreements for the use of the grant funds with King County agencies, towns, E
cities, tribal organizations,port districts, flood control districts, diking and drainage
districts, conservation districts, nonprofit organizations, or salmon recovery forums for
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habitat restoration, open space acquisition or recreational opportunities that are integrated
with preventive and corrective measures to reduce the risk of flooding and to protect and •L
enhance those critical lands adjacent to rivers. °,
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E. Grant Recipient is a(n) City or Town in King County. ,
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F. The Open Space-River Corridors Program Advisory Committee ("Advisory
Committee")has recommended an allocation of levy grant funds to specific projects,
pursuant to Ordinance 19666. c
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G. Kin Count has selected Grant Recipient to receive an Open Space-River Corridors
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grant award in the amount of$200,000 ("Grant Award Funds"). _
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NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS 0
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1. DEFINITIONS
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1.1 Project. The term"Project"means the Feasibility Study described in Exhibit A for m
a habitat restoration, open space acquisition, and/or recreation project that is
integrated with preventive and corrective measures to reduce the risk of flooding
and to protect and enhance those critical lands adjacent to rivers ("River Project"). �-
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Grant Award Funds available pursuant to this Agreement may only be used for the a
Project. To complete the Project, Grant Recipient shall use the Grant Award Funds �.
to conduct the study, as set forth in Exhibit B, consistent with the requirements set
forth in this Agreement and in the following attached exhibits, which are
incorporated herein by reference:
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Scope of Work Attached hereto as Exhibit A c
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Project Budget Attached hereto as Exhibit B
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Insurance Requirements Attached hereto as Exhibit C a
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Certificate of Insurance and Attached hereto as Exhibit D Y
Endorsements o
Cultural Resource Preservation W
Requirements Attached hereto as Exhibit E c
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1.2 Scope of Work. Grant Recipient shall provide a scope of work("Scope of
Work"), attached hereto as Exhibit A, which describes the Project in detail and E
includes a description of the feasibility study milestones required for completion
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of the Project and intended use of the Grant Award Funds. Grant Recipient shall
apply the funds received from the County for the Project under this Agreement in •L
accordance with the Scope of Work, attached hereto as Exhibit A. �°,
1.3 Project Budget. Grant Recipient shall work with King County to develop a Q
Project Budget("Project Budget"), attached hereto as Exhibit B. King County c
shall provide the Grant Award Funds to the Grant Recipient to pay for costs and E
expenditures related to the Project, as set forth in Exhibits A and B. Grant Award
Funds provided to Grant Recipient may only be used to pay for costs and
expenditures related to the Project, as set forth in Exhibits A and B. w
1.4 Contractor. "Contractor" shall include any contractor or consultant hired by
Grant Recipient, including any of the contractor's or consultant's subcontractors =
or subconsultants. c
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2. EFFECTIVE DATE
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The Agreement shall be effective upon signature by both Parties ("Effective Date").
3. TERM
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The term("Term") of this Agreement shall begin on the Effective Date and end on W,
11/30/2026. This Agreement shall remain in effect until such time as it is amended in
writing or terminated as provided herein. m°
4. AMENDMENTS
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This Agreement together with the attached exhibits expressly incorporated herein by a
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the a
Parties.Either party may request changes to this Agreement,however, changes that deviate
substantially from the proposal submitted to and approved by the Advisory Committee and
the King County Council will need to be approved by those entities.
5. NOTICES 00
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly Y
given when received at the addresses first set forth below via electronic mail.
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KING COUNTY City of Kent-
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Charlie Hohlbein Rowena Valencia-Gica
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Community Investments Unit Environmental Supervisor
King County Parks i
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201 S Jackson Street Suite (5702) 220 Fourth Ave. S.
Seattle, WA 98104 Kent, WA, 98032 W
206-848-0699 253-856-5585
parksgrants@kingcounty.gov ralencia@kentwa.gov o
*NOTE: Personal contact information for your assigned grant manager is available in the m
grant management system
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Either Party hereto may, at any time, by giving ten(10) days written notice to the other
Party to designate any other address in substitution of the foregoing address to which •L
such notice or communication shall be given. °,
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6. DISBURSEMENT OF GRANT FUNDS ,
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6.1 The County may authorize, at County's sole discretion, release of a portion of the E
Grant Award Funds to Grant Recipient, upon execution of this Agreement, and
receipt of Grant Recipient's County-approved completed Scope of Work and
Project Budget(see Section 1 and Exhibits A and B). w
6.2 The County shall initiate authorization for payment and disbursement of Grant
Award Funds after approval of sufficiently detailed Project-related invoices =
submitted by Grant Recipient. The County shall make payment to Grant c
Recipient not more than thirty (30) days after a complete and accurate invoice and
any other required documentation is received and approved. L
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6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work(Exhibit A) and c
Project Budget(Exhibit B), no later than thirty (30) days after the Contract End
Date. If the Grant Recipient's final invoice, supporting documentation, and
reports are not submitted by the day specified in this subsection, or if such final 0
documents are not approved by the County, then the County shall have no
obligation to pay Grant Recipient unless and until Grant Recipient submits, and
the County approves, a properly completed invoice. Grant Recipient must submit
a corrected invoice within 30 days after receiving notice of an improper or
incomplete invoice. a
7. GRANT REPORTING
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All Grant Award Funds received pursuant to this Agreement and accrued interest
therefrom will be accounted for separately from all other Grant Recipient accounts and 14
moneys. Until the Project is completed, and all proceeds provided pursuant to this
Agreement have been expended, the Grant Recipient shall provide reports to the King c
County Project Manager on a schedule determined by the County. Y
8. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A and i
B of this Agreement. If Grant Recipient cannot complete the Project, as specified by the a
Scope of Work and deliverables set forth in Exhibit A, the County shall be released from
any obligation to fund the Project, and the County in its sole discretion may reallocate
such funds for other projects in accordance with Ordinance 19166 and Motion 15378.
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Pursuant to Section 18, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds 0
for a purpose other than completion of the Project as approved by the Advisory ;
Committee and King County Council.
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9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION o
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Grant Recipient shall recognize County as a"grant sponsor" for the Project in the Q
following manner:
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9.1 Events: Grant Recipient shall invite and recognize "King County Parks" at all E
events promoting the Project, and at the final Project dedication.
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9.2 Community Relations: Grant Recipient shall recognize "King County Parks" as a
"grant sponsor" in all social media, websites, brochures, banners,posters, press w
releases, and other promotional material related to the Project.
9.3 King County Parks Notification: Grant Recipient shall notify the King County
Parks Grant Manager thirty (30) days prior to any major milestone, event, or
occasion such as a groundbreaking or opening dates. a
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9.4 King County Council Notification: If Grant Recipient is a city or town
notification to the King County Council thirty (30) days prior to any major c
milestone, such as a groundbreaking or opening dates is required.
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9.5 Signa _e: Grant Recipient shall recognize"King County Parks" on any signage as m
a fonder/contributor of project/facility. Grant Recipient is required to use
appropriate King County logo on any signage and communications.
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10. DISPOSITION OF REMAINING GRANT AWARD FUNDS m
If Grant Recipient does not expend all proceeds obligated to be provided through this a
Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For
purposes of this section, "proceeds" shall include all Grant Award Funds obligated to be a
provided by the County plus interest accrued by Grant Recipient on the grant funds. Any
proceeds in excess of those required to be provided by the County for the actual costs of M
the Project shall remain with the County for use in its sole discretion.
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11. PUBLIC ACCESS Y
The Grant Award is provided to Grant Recipient for the Project for the purpose of land E
protection and recreation for the residents of King County. Therefore, Grant Recipient a
and any successor in interest agree that the Feasibility Study is for a habitat restoration, a,
open space acquisition, and/or recreation project("Rivers Project") for use by the public, a
as required by Ordinances 18890 and 19166. The final Rivers Project shall be open and i
accessible to the public at reasonable hours and times. The public shall be notified of the
availability of use by posting and updating that information on its website and by c
maintaining at entrances and/or other locations openly visible signs with such
information. Fees for use of the completed Rivers Project shall be no greater than those
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generally charged by public operators of similar facilities in King County. m
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time the Rivers Project must be available for public use is thirty(30) years. E
Grant Recipient's duties under this Section 11 will survive the expiration or earlier o
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termination of this Agreement.
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12. INSURANCE o
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Minimum Scope and Limits of Insurance. Q
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit C—Insurance E
Requirements and as evidenced in Exhibit D—Certificate of Insurance and
Endorsements.
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13. INTERNAL CONTROL AND ACCOUNTING SYSTEM w
Grant Recipient shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised c
Code of Washington_ (RCW) Chapter 40.14.
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14. MAINTENANCE OF RECORDS
14.1 Grant Recipient shall maintain accounts and records,including personnel,property, c
financial, Project records, including Agreement deliverables, and other such
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records as may be deemed necessary by the County to ensure proper accounting for
all Grant Award Funds and compliance with this Agreement. 0
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14.2 These records shall be maintained for a period of six (6) years after the expiration 0
or earlier termination of this Agreement unless permission to destroy them is
granted by the Office of the Archivist in accordance with RCW Chapter 40.14. m
14.3 Grant Recipient shall inform the County in writing of the location, if different from
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the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid c
books, records, documents, and other evidence and shall notify the County in
writing of any changes in location within ten (10) working days of any such 14
relocation. 14
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15. RIGHT TO INSPECT �.
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King County reserves the right to review and approve the performance of Grant Recipient Y
with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant
Recipient's records regarding this Agreement and the Project upon seventy-two(72)hours' E
notice during normal business hours.
16. COMPLIANCE WITH ALL LAWS AND REGULATIONS a
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Grant Recipient shall comply with all applicable laws, ordinances and regulations in �
using funds provided by the County, including, without limitation,those relating to
providing a safe working environment to employees and, specifically, the requirements of W
the Washington Industrial Safety and Health Act(WISHA); and, to the extent applicable,
those related to "public works,"payment of prevailing wages, and competitive bidding of o
contracts. The Grant Recipient specifically agrees to comply and pay all costs associated m
with achieving such compliance without notice from King County; and further agrees that
King County, does not waive this Section by giving notice of demand for compliance in E
any instance. The Grant Recipient shall indemnify and defend the County should it be
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sued or made the subject of an administrative investigation or hearing for a violation of
such laws related to this Agreement. •L
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17. CORRECTIVE ACTION
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17.1 If the County determines that a breach of contract has occurred or does not
approve of the Grant Recipient's performance, it will give the Grant Recipient E
written notification of unacceptable performance. Grant Recipient will then take
corrective action within a reasonable period of time.
17.2 King County may withhold any payment owed Grant Recipient until the County w
is satisfied that corrective action has been taken or completed. W
18. TERMINATION
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18.1 King County may terminate this Agreement in whole or in part, with or without c
cause, at any time during the Term of this Agreement, by providing Grant
Recipient ten(10) days advance written notice of the termination. King County c;
will reimburse the Grant Recipient of any costs incurred until the effective date of
termination.
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18.2 If the termination results from acts or omissions of Grant Recipient, including but W,
not limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the County immediately any m°
funds, misappropriated or unexpended, which have been paid to Grant Recipient
by the County.
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18.3 Any King County obligations under this Agreement beyond the current
appropriation biennium are conditioned upon the County Council's appropriation a
of sufficient funds to support such obligations. If the Council does not approve
such appropriation, then this Agreement will terminate automatically at the close
of the current appropriation biennium.
18.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to M
expend the Grant Award Funds as specified in Section 1 and Exhibits A and B, or
upon reimbursement by the Grant Recipient to the County of all unexpended
proceeds provided by the County pursuant to this Agreement and payment of all Y
amounts due pursuant to Section 6.
19. FUTURE SUPPORT; UTILITIES AND SERVICE
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The County makes no commitment to support the services contracted for herein and a
assumes no obligation for future support of the Project or completed Rivers Project
except as expressly set forth in this Agreement. Grant Recipient understands, c�
acknowledges, and agrees that the County shall not be liable to pay for or to provide any c
utilities or services in connection with the future Rivers Project unless specifically W
contracted for in another agreement. c
20. HOLD HARMLESS AND INDEMNIFICATION m0
Grant Recipient shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses E
whatsoever occurring or resulting from (1) Grant Recipient's failure to pay any such
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compensation, wages,benefits, or taxes, and/or(2) work, services, materials, or supplies
performed or provided by Grant Recipient's employees or other suppliers in connection •L
with or support of the performance of this Agreement. °,
Grant Recipient further agrees that it is financially responsible for and will repay the Q
County all indicated amounts following an audit exception which occurs due to the c
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this E
Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
Contractors. This duty to repay the County shall not be diminished or extinguished by the
expiration or prior termination of the Agreement. w
Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and
hold harmless King County, its appointed and elected officials, and employees from and
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against liability for all claims, demands, suits, and judgments, including costs of defense c
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to any use of or occurrence on the Project that is the subject of this
Agreement, or Grant Recipient's exercise of rights and privileges granted by this
Agreement, except to the extent of the County's sole negligence. Grant Recipient's
obligations under this Section shall include: �0
A. The duty to promptly accept tender of defense and provide defense to the County
at the Grant Recipient's own expense; 0
B. Indemnification of claims made by Grant Recipient's employees or agents; and
C. Waiver of Grant Recipient's immunity under the industrial insurance provisions of -
Title 51 RCW, but only to the extent necessary to indemnify King County, which
waiver has been mutually negotiated by the parties.
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In the event it is necessary for the County to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this Section, all such fees, expenses and costs shall be
recoverable from the Grant Recipient. 14
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In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant c
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials, Y
employees and agents from any and all claims, demands, suits,penalties, losses damages
judgments, or costs of any kind whatsoever for bodily injury to persons or damage to E
property (hereinafter "claims"), arising out of or in any way resulting from the Grant
Recipient's officers, employees, Contractors, and/or agents of all tiers, acts or omissions, a
performance of failure to perform the rights and privileges granted under this Agreement,
to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted
or hereafter amended.
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A hold harmless provision to protect King County similar to this provision shall be
included in all agreements or Contractor agreements entered into by Grant Recipient in o
conjunction with this Agreement. Grant Recipient's duties under this Section 20 will 00
survive the expiration or earlier termination of this Agreement.
21. NONDISCRIMINATION
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King County Code("KCC") chapters 12.16 through 12.19 apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring or employment •L
made possible or resulting from this Agreement, there shall be no discrimination against
any employee or applicant for employment because of sex, race, color, marital status, Q
national origin, religious affiliation, disability, sexual orientation, gender identity or ,
expression or age except minimum age and retirement provisions, unless based upon a
bona fide occupational qualification.
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22. POLITICAL ACTIVITY PROHIBITED
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None of the funds, materials,property, or services provided directly or indirectly under w
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
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23. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND o
OWNERSHIP
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A. As between the County and Grant Recipient, Grant Recipient shall be responsible
to operate and maintain the completed Project and future habitat restoration, open
space acquisition,and/or recreation projects at its own sole expense and risk. Grant 0
Recipient understands, acknowledges, and agrees that the County is not responsible a,
to operate or to maintain the Project and future habitat restoration, open space
acquisition, and/or recreation project's in any way. m°
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment. a
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C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment a
and materials purchased with Grant Award Funds.
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Grant Recipient's duties under this Section 23 shall survive the expiration of this
Agreement. 14
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24. CULTURAL RESOURCES
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To the extent applicable, Grant Recipient agrees to coordinate cultural resource review of Y
the Project with the King County Historic Preservation Program ("HPP") in order to
determine potential effects to cultural resources and any necessary mitigation. Grant E
Recipient further agrees to perform the steps outlined by the HPP for any necessary i
cultural resource preservation as specified in Exhibit E. a
25. ASSIGNMENT
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Grant Recipient shall not assign any portion of rights and obligations under this Y
Agreement or transfer or assign any claim arising pursuant to this Agreement without the 0
written consent of the County. Grant Recipient must seek such consent in writing not
less than thirty (30) days prior to the date of any proposed assignment.
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26. WAIVER OF BREACH OR DEFAULT 00
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
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shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults. •L
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27. TAXES
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Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its E
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A;PROVIDED,however,that nothing contained herein will modify the
right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be w
deemed to be in default as long as it will,in good faith,be contesting the validity or amount W
of any such taxes.
28. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
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This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions c;
pertaining to this Agreement will be brought in King County Superior Court,King County,
Washington. c
29. PUBLIC DOCUMENT
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This Agreement will be considered a public document and will be available for inspection o
and copying by the public. 0°
30. LEGAL RELATIONS as
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Nothing contained herein will make, or be deemed to make, County and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership a
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
duty or obligation in any person or entity not a party to it.
31. PERMITS AND LICENSES
Grant Recipient shall develop and run the Project in accordance with all applicable laws 00
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be Y
performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its
sole cost and expense, apply for, obtain and comply with all necessary permits, licenses
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and approvals required for the Project. a
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32. INTERPRETATION OF COUNTY RULES AND REGULATIONS a
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If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient. Y
33. ENTIRE AGREEMENT �°
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This Agreement, including its attachments, constitutes the entire Agreement between the 5
County and Grant Recipient. It supersedes all other agreements and understandings 0
between them, whether written, oral or otherwise.
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34. COUNTERPARTS; ELECTRONIC SIGNATURES E
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This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original,but all of which together shall constitute one and the same instrument. L
The Parties acknowledge and agree that this document may be executed by electronic°,
signature,which shall be considered as an original signature for all purposes and shall have Q
the same force and effect as an original signature. ,
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IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the
authority to enter into this Agreement on behalf of the Party for which that individual signs. w
City of Kent King County
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EXHIBIT A- SCOPE OF WORK
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Project Summary Q
City of Kent will conduct a feasibility study, alternatives analysis,planning, and outreach to ,
restore salmon habitat, reduce flood risk, and enhance recreation at Boeing Rock Park.
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Deliverables
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Progress Reports W
Final Report
Preliminary Design/Plan =
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Timeline
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Issue RFP and select design team January-February 2024 m
Develop conceptual site plan July 2024
alternatives
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Finalize Feasibility/Preliminary November 2024 a
Alternatives Stud
Evaluate and select preferred December 2024 a
conceptual design
Complete preliminary design of December 2025 c�
referred alternative
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The Grant Recipient shall not make any significant changes to an approved project without prior
written consent of the County. Significant changes include, but are not limited to, a change to the Y
timeline that falls outside the contract period or a shift of more than twenty percent of funds
within the approved grant budget over the term of this Exhibit. If changes are necessary and E
approved by the County, such changes will be formalized in a written amendment signed by all
parties. Q
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City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
EXHIBIT B - PROJECT BUDGET
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Project Costs $170,000 },
Personnel Costs $10,000 E
Indirect Costs $20,000
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Total $200,000
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Grant Budget Changes
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With written approval from the County, the Grant Recipient may reallocate grant funds across
budget line items within twenty percent of the total grant budget without requiring an official
contract amendment. Indirect costs shall not exceed twenty percent of direct costs. 0
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Budget Line Items Descriptions o
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Project Costs include but are not limited to planning, design, and consultant fees.
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Personnel Costs include but are not limited to staff pay and benefits.
Indirect Costs include expenses of doing business that are not readily identified with a particular Q
grant, contract, project, function, or activity, but are necessary for the general operation of the a
organization or the performance of the organization's activities. �?
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8.E.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
EXHIBIT C -INSURANCE REQUIREMENTS
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1. Insurance Requirements Q
1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as ,
otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set
forth below. By requiring such minimum insurance, the County does not and shall not
be deemed or construed to have assessed the risks that may be applicable to Grant
Recipient, or any Contractor under this Agreement, or in any way limit the County's c
potential recovery to insurance limits required hereunder. To the contrary, this W
Agreement's insurance requirements may not in any way be construed as limiting any
potential liability to the County or the County's potential recovery from Grant Recipient. _
Grant Recipient and any Contractor shall assess their own risks and if they deem c
appropriate and/or prudent, maintain greater limits and/or broader coverage.
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1.2. Each insurance policy shall be written on an"occurrence"basis, except insurance for
Pollution Liability, which may be written on a "claims made"basis.
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If coverage is approved and purchased on a"claims made"basis, the coverage provided
under that insurance shall be maintained through: (i) consecutive policy renewals for not o
less than three (3) years from the date of completion of the Project which is subject of m
this Agreement or, if such renewals are unavailable, (ii)the purchase of a tail/extended
reporting period for not less than three (3) years from the date of completion of the
Project which is the subject of this Agreement.
2. Evidence and Cancellation of Insurance a
2.1. Prior to contract execution and upon request by the County, Grant Recipient shall 2
furnish the County certificates of insurance and endorsements certifying the issuance of
all insurance required by this Agreement which is to be maintained for the entire term of 14
the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be M
signed by a properly authorized officer, agent, general agent, or qualified representative
to the insurer(s), shall certify the name of the insured(s), the type and amount of Y
insurance, the location and operations to which the insurance applies, the inception and c
expiration dates, shall specify the form numbers of any endorsements issued to satisfy
this Agreement's insurance requirements, and shall state that the County shall receive i
notice at least thirty(30) days prior to the effective date of any cancellation, lapse, or a
material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson c
Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may
be emailed to: ParksGrants@kingcounty.gov.
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2.2. The County reserves the right to require complete, certified copies of all required
insurance policies, including all endorsements and riders, which may be redacted of any o
confidential or proprietary information. Grant Recipient shall deliver such policies to m
the County within five (5)business days of County's request. c
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8.E.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance •-
limits:
3.1.1. Commercial General Liability: $1,000,000 per occurrence and$2,000,000 in the Q
aggregate for bodily injury,personal and advertising injury, and property damage. ,
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01. Such insurance shall include coverage for, but not limited to, premises liability,
ongoing operations, products and completed operations, and contractual liability.
Limits may be satisfied by a single primary policy or by a combination of separate c
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy and satisfy
all other requirements applicable to liability insurance including, but not limited to, _
additional insured status for the County. c
3.1.2. Automobile Liability: If a vehicle(s)will be used, Grant Recipient and/or its
Contractor(s)will maintain Automobile Liability insurance with statutory minimum
limits per accident for bodily injury and property damage.
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3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees,
then Workers Compensation coverage shall be maintained as required by the o
Industrial Insurance Act of the State of Washington, as well as any similar coverage m
required for this Project by applicable Federal or"Other States" State Law.
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3.1.4. Employers Liability or"Stop Gap" coverage: If Grant Recipient or its
Contractor(s)have employees, then Employers Liability or"Stop Gap" coverage a
shall be maintained with a minimum limit of$1,000,000 each occurrence and shall �.
be at least as broad as the protection provided by the Workers Compensation policy 2
Part 2 (Employers Liability), or, in monopolistic states including but not limited to
Washington, the protection provided by the "Stop Gap" endorsement to the 14
commercial general liability policy. M
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3.1.5. Pollution Liability: If geotechnical work will take place, Grant Recipient or its Y
Contractor(s) shall provide Pollution Liability coverage with minimum limits of
$1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden
bodily injury and/or property damage to include the destruction of tangible property, i
loss of use, clean-up costs, and the loss of use of tangible property that has not been a
physically injured or destroyed. c
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3.1.6. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement,
Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a �0
minimum limit equal to the grant amount. Coverage shall include `Join Loss
Payable' ISO form CR 20 15 10/10 or substantive equivalent and `Provide Required o
Notice of Cancellation to Another Entity' ISO form CR 20 17 10/10. m
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8.E.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
4. Other Insurance Provisions and Requirements
4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor •-
required in this Agreement shall contain, or be endorsed to contain the following°,
provisions: Q
4.1.1. With respect to all liability policies except Professional Liability(Errors and ,
Omissions), Personal Auto Liability, and Workers Compensation:
4.1.1.1. King County, its officials, employees and agents shall be covered
as additional insured for full coverage and policy limits as respects liability
arising out of activities performed by or on behalf of the Grant Recipient, its c
agents, representatives, employees, or Contractor(s) in connection with this W
Agreement. Additional Insured status shall include products-completed
operations CG 20 100 11/85 or its substantive equivalent. The County requires =
the endorsement(s) to complete the Agreement. c
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officials, employees, or agents shall not �°
contribute with any of Grant Recipient's or Contractor(s)'s insurance or benefit
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the Grant Recipient, or any Contractor, or their respective insurers in any way. o
4.1.2.2. Insurance shall expressly state that it applies separately to each m
insured and additional insured against whom a claim is made and/or lawsuit is
brought, except with respect to the limits of insurer's liability.
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5. Deductibles/Self-Insured Retentions
5.1. Any deductible and/or self-insured retention of the policies shall in all instances be the
sole responsibility of Grant Recipient or its Contractor, even if no claim has been made 2
or asserted against them.
6. Acceptability of Insurers M
6.1. Unless otherwise approved by the County, insurance is to be placed with insurers with
an A.M. Best rating of no less than ANIII. Y
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7. Self-Insurance E
7.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient i
may maintain a fully funded self-insurance program or participate in an insurance pool a
for the protection and handling of its liabilities including injuries to persons and damage c
to property. Further, if Grant Recipient maintains a self-insurance program or i
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participates in an insurance pool, the additional insured requirement shall not apply to
the coverage provided by the self-insured program or insurance pool. �°
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8. Contractors as
8.1. Grant Recipient shall include all Contractors as insureds under its policies or, m°
alternatively, Grant Recipient must require each of its Contractors to procure and c
maintain appropriate and reasonable insurance coverage and insurance limits to cover E
each of the Contractor's liabilities given the scope of work and services being provided
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8.E.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
herein. Contractor(s) must include the County, its officials, agents and employees as
additional insured for full coverage and policy limits on its Commercial General •L
Liability insurance and, if applicable, its Automobile Liability insurance. Upon request°,
by the County, and within five (5) business days, Grant Recipient must provide evidence Q
of each Contractor(s) insurance coverage, including endorsements. ,
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8.E.a
City of Kent—Boeing Rock Recreation/Habitat Enhancement—6416640
Task- 1.15
EXHIBIT D—CERTIFICATE OF INSURANCE AND ENDORSEMENT
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8.F
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Grant Acceptance from Salmon Recovery Funding Board -
Boeing Rock Recreation/Habitat Enhancement - Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Washington State Salmon Recovery Funding Board in the amount of
$255,319, for the Boeing Rock Recreation and Habitat Enhancement
project, amend the budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign the grant agreement, subject to final terms
and conditions acceptable to the City Attorney and the Directors of Public
Works and Parks.
SUMMARY: Washington's Salmon Recovery Funding Board ("SRFB") provides
grants to protect and restore salmon habitat. The City's Boeing Rock Recreation and
Habitat Enhancement Project ("Project") is included in the Water Resources
Inventory Area 2021 Salmon Habitat Plan Update and has been selected to receive
grant funding. The grant will fund a feasibility study and development of
alternatives that balance river functions and uses.
The Project is located along the right (east) bank of the Green River between South
200th Street and South 2121h Street and is approximately 0.8 miles in length and
approximately 200 feet in width. This Project site is situated immediately
downstream from the Lower Russell Levee Habitat Improvements, which improves
salmon habitat in the Lower Green River.
This Project will be designed to provide multiple benefits, including improving
habitat in the Lower Green River, increasing floodplain storage, and adding
recreational opportunities. The biggest limiting factor for salmonid productivity and
population growth in the Green River is a lack of suitable fry (small salmon) habitat.
The lack of habitat pushes fry to migrate to Puget Sound prior to obtaining
adequate growth, dramatically reducing the chance of survival. This Project will
improve fish habitat and provide a variety of passive recreational experiences along
the river as well.
BUDGET IMPACT: No additional funding required, match for the Salmon Recovery
Funding Board Grant will be provided by the King County Parks Levy Grant.
Packet Pg. 75
8.F
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Agreement - Boeing Levee Setback Habitat Project (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 76
WASHINGTON 57ATE RCO Grant Agreem
+� Recreation and
1 Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P Y
Number:23-1052 0
Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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PARTIES OF THE AGREEMENT m
This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by
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and through the Salmon Recovery Funding Board (SRFB or funding board)and the Recreation and Conservation Office
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(RCO), P.O. Box 40917, Olympia,Washington 98504-0917 and City of Kent(Sponsor, and primary Sponsor), 220 Fourth Ave 00
S, Kent,WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties.
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The Sponsor's Unique Entity ID (UEID) Number is GALJSHRB2EM6.
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All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that �+
expressly apply only to the primary Sponsor. 0
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Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on
file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s)
regarding all matters related to the project identified above, including but not limited to,full authority to: (1)sign a grant o
application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s), including indemnification, as E
provided therein, (3)enter any amendments thereto on behalf of Sponsor(s), and (4)make any decisions and submissions M
required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s) U)
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. 0
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A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant
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Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally a
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO
shall proceed on the basis that the person who is listed as the Authorized Representative in the last Q
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement
(including any amendments thereto)and decisions related to implementation of the Agreement.
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B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind the Sponsor as described in the above Sections. M
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act U
as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section). o
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PURPOSE OF AGREEMENT f°
This Agreement sets out the terms and conditions by which a grant is made from the General Fund -Federal of the State of
Washington.The grant is administered by the Recreation and Conservation Office(RCO). Y
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DESCRIPTION OF PROJECT
The City of Kent is seeking grant funding to support feasibility study and alternatives analysis for restoring Chinook salmon 0
habitat along 0.8 miles of the Lower Green River(RM 17).A previous levee setback in the project area provides an opportunity >
for implementing a variety of habitat enhancements(e.g., large wood, habitat benches, alcoves, and riparian revegetation) �
within approximately 15 acres of floodplain habitat waterward of the levee. The overall project goal is to restore floodplain a�
function, improve edge habitat complexity and expand available low velocity water,juvenile rearing habitat along the heavily
developed Lower Green River. Expanded rearing habitat within the Lower Green will support increased juvenile Chinook o
salmon residence times, a high proportion of larger size parr migrants prior to entry into the Duwamish estuary and improved m
marine survival/population productivity for the Green River Chinook population. In addition,the project seeks to control
invasive riparian vegetation and revegetate the riparian buffer to address elevated instream temperatures that regularly
exceed water quality standards. E
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PERIOD OF PERFORMANCE Q
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The period of performance begins on September 14, 2023(project start date)and ends on September 15, 2025(project end
date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by E
written amendment or addendum to this Agreement, or specifically provided for by applicable RCWs,WACs, and any
applicable RCO manuals as of the effective date of this Agreement. R
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RCO: 23-1052 Revision Date: 5/1/2023 Page 1 of 23
23-1052
Packet Pg. 77
8.F.a
The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before
the project end date.
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STANDARD TERMS AND CONDITIONS INCORPORATED
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The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement. o
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LONG-TERM OBLIGATIONS c`o
For this planning project,the sponsor's on-going obligation shall be the same as the period of performance identified in the ca
Period of Performance section. a�
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PROJECT FUNDING u_
The total grant award provided for this project shall not exceed $255,319.00.The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below.The Sponsor shall be responsible for o
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below:
Percentage Dollar Amount Source of Funding
SRFB-Salmon Federal Projects 85.00% $255,319.00 Federal O
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Project Sponsor 15.00% $45,057.00 to
Total Project Cost 100.00% $300,376.00
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FEDERAL FUND INFORMATION
If federal funding information is included in this section,this project is funded by, matched by, and/or funded in part by the
following federal award, or subaward:
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Federal Agency: US Dept of Commerce
Assistance Listing Number and Name: 11.438- PCSRF
Federal Award Identification Number: NA23NMF4380390
Federal Fiscal Year: 2023
Federal Award Date: 08/17/2023
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Total Federal Award: $24,735,000
Federal Award Project Description: FY2023 Pacific Coastal Salmon Recovery r
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Sponsor's Indirect Cost Rate: 0.00%of all costs for this agreement o
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This funding is not research and development(R&D).
If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year,the Sponsor is required to
have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200(as updated).The Sponsor must =
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provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer U
period is agreed to in advance by the federal agency identified in this section.
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Sponsor shall comply with the federal "Omni-circular" (2 C.F.R. Part 200). U)
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RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit;further the RCO reserves J
the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured. a�
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RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS m
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope E
activities, the milestones report, progress reports, and the final report. Provided,to the extent that information contained in
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such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as Q
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of c
the Standard Terms and Conditions. m
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RCO: 23-1052 Revision Date: 5/1/2023 Page 2 of 23
23-1052
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8.F.a
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement will be effective unless set
forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need U
only be signed by RCO's director or designee and consented to in writing (including email)by the Sponsor's Authorized 0
Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a
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person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does E
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or @
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minor scope adjustments. m
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
so. 0
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Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO -0
manuals or on the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall u-
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone.
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. >
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COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES c
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, E
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of tM
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only E
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prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless
otherwise expressly stated in the amendment.
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For the purpose of this Agreement,WAC Title 420, SRFB policies shall apply as terms of this Agreement. a
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For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement: Q
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• Reimbursements-Manual 8
• Salmon Recovery Grants-Manual 18
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SPECIAL CONDITIONS
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FEASIBILITY ASSESSMENT AND DESIGN ALTERNATIVES REVIEW U
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The SRFB Review Panel conditions this project for review and approval of the feasibility assessment and alternatives analysis o
design deliverables(prior to selection and advancement of the preferred alternative). This includes the following:feasibility a
analysis, technical memo or design report with the alternatives identified, and selection criteria and rationale, all supporting
technical documents, and potentially preferable alternative. This review must occur prior to advancing to conceptual design on
any given alternative.The SRFB Review Panel will have the opportunity to provide technical input into the design.The SRFB 0
Review Panel will provide comments to the sponsor in 30 days or less,from the time materials are received. Please account =
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for this review timing in your project delivery schedule. U
CUSTOM )
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SPECIAL CONDITIONS-CULTURAL RESOURCES am
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CONDITION APPLIES TO THE FOLLOWING AREA(S): Boeing Levee Setback Habitat Rehabilitation Kent WA +,
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State-RCO Lead: Background study required: This agreement requires compliance with Executive Order 21-02. RCO E
has completed the initial consultation for this project and a cultural resources background study is required to evaluate the
project area,facilitate avoidance of cultural resources, and inform project design.The study should include a records
search and summary of the land use history of the project area and provide recommendations for cultural resources Q
treatment of future restoration or development actions. The study must include an assessment of any possibly historic
structures or buildings on the property. RCO will withhold final payment on the contract until the Sponsor submits the
results of the cultural resources background study and receives a notice of cultural resources completion. If archaeological t
or historic materials are discovered within the project area,work in the immediate vicinity must stop and the Sponsor must R
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RCO: 23-1052 Revision Date: 5/1/2023 Page 3 of 23
23-1052
Packet Pg. 79
8.F.a
ensure compliance with the provisions found in this agreement.All cultural resources work must meet reporting guidelines
outlined by the Department of Archaeology and Historic Preservation.
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AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or o
the email address listed below: m
Sponsor Project Contact RCO Contact
Christina Neff Kate McLaughlin O
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Senior Biologist Outdoor Grants Manager am
400 West Gowe Street PO Box 40917
Kent,WA 98032 Olympia,WA 98504-0917
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cneff@kentwa.gov kate.mclaughlin@rco.wa.gov
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These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
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Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized
Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications.
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ENTIRE AGREEMENT M
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other E
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. O
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EFFECTIVE DATE
Unless otherwise provided for in this Agreement,this Agreement,for Project 23-1052, shall become effective and binding on
the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date).
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF Q
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. c
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The Sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT.The signatories listed below
represent and warrant their authority to bind the parties to this Agreement.
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City of Kent
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By: Date: o
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Name(printed): f°
Title: _
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State of Washington Recreation and Conservation Office aa)
On behalf of the Salmon Recovery Funding Board (SRFB or funding board)
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By: Date: c
Megan Duffy c
Director m
Recreation and Conservation Office +,
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Pre-approved as to form:
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By: Date: 05/01/2023
Assistant Attorney General E
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WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P �
Number:23-1052 O
Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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Eligible Scope Activities -�
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ELIGIBLE SCOPE ACTIVITIES
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Planning Metrics
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Worksite#1, Boeing Levee Setback Habitat Rehabilitation
Targeted salmonid ESU/DPS (A.23): Chinook Salmon-Puget Sound ESU, Chum p
Salmon-Puget Sound/Strait of Georgia ESU,
Coho Salmon-Puget Sound/Strait of Georgia
ESU, Pink Salmon-unidentified ESU, Steelhead-
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Puget Sound DPS E
Targeted species(non-ESU species): Lamprey M
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Area Encompassed (acres)(B.O.b.1): 15.0 E
Miles of Stream and/or Shoreline Affected (B.O.b.2): 0.80 0
Design for Salmon restoration U
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Conceptual Design (13.1.b.11.a RCO)
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Project Identified in a Plan or Watershed Assessment. (2457) WRIA 9 Salmon Habitat Plan Update by King
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(B.1.b.11.a): County 2016 Five-year Review: Summary and
Evaluation of Puget Sound Chinook Salmon, Q
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Hood Canal Summer Run Chum Salmon, and
Puget Sound Steelhead
Priority in Recovery Plan (2458)(B.1.b.11.b): Tier 2 Project LG-10 in the Salmon Habitat Plan
Update by King County;A Tier 1 project in the
2022-2026 Puget Sound Action Agenda(Protect M
and restore habitat and habitat forming
processes; Prevent the worse effects of climate U
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WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P �
Number:23-1052 O
Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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Project Milestones -�
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PROJECT MILESTONE REPORT
Complete Milestone Target Date Comments/Description =a
Project Start 09/14/2023
Data Gathering Started 10/31/2023 u_
RFP Complete/Consultant Hired 01/30/2024 Feasibility study and basis of design
Annual Project Billing Due 02/19/2024 0
Progress Report Due 03/04/2024
Other 06/30/2024 Data gathering complete
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Cultural Resources Complete 07/31/2024 0
Progress Report Due 09/16/2024 E
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Draft Design to RCO 11/25/2024 Feasibility and basis of design to RCO m
Other 12/31/2024 Preferred alternative advanced to conceptual a
design ,�
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Annual Project Billing Due 02/24/2025
Progress Report Due 03/17/2025
Conceptual Design 08/11/2025 a
Final Report Due 09/01/2025 U
Agreement End Date 09/15/2025 Q
Progress Report Due 09/25/2025
Final Billing Due 12/15/2025
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.J WASHINGTON STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1052P �c
Number:23-1052 0
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Project Title: Boeing Levee Setback Habitat Project Approval Date:09/14/2023
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Standard Terms and Conditions of the Recreation and
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Conservation Office o
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Table of Contents Li
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................8
CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................8 0
PERFORMANCE BY THE SPONSOR........................................................................................................................................10
ASSIGNMENT.............................................................................................................................................................................11 w
RESPONSIBILITY FOR PROJECT.............................................................................................................................................11 r-
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INDEMNIFICATION.....................................................................................................................................................................11 E
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................12 i
CONFLICT OF INTEREST..........................................................................................................................................................12 U)
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................12 0
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................13
RECORDS...................................................................................................................................................................................14 0
PROJECTFUNDING...................................................................................................................................................................14
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PROJECT REIMBURSEMENTS.................................................................................................................................................15
RECOVERY OF PAYMENTS......................................................................................................................................................16
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16 Q
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................16
PROCUREMENT REQUIREMENTS...........................................................................................................................................16
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TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................17 L
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RIGHT OF INSPECTION.............................................................................................................................................................17 ..
STEWARDSHIP AND MONITORING .........................................................................................................................................18 Ln
ACKNOWLEDGMENT AND SIGNS............................................................................................................................................18 000
PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................................................18 M
PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.............................................................................20
ORDER OF PRECEDENCE........................................................................................................................................................20
LIMITATION OF AUTHORITY.....................................................................................................................................................21 0
WAIVEROF DEFAULT...............................................................................................................................................................21 a
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................21 R
SPECIFICPERFORMANCE.......................................................................................................................................................21
TERMINATION AND SUSPENSION...........................................................................................................................................21 f°
2
DISPUTEHEARING....................................................................................................................................................................22 �c
ATTORNEYS' FEES....................................................................................................................................................................23
GOVERNING LAW/VENUE.........................................................................................................................................................23
SEVERABILITY...........................................................................................................................................................................23 n
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................23
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STANDARD TERMS AND CONDITIONS EFFECTIVE DATE Y
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This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 10/30/2023.
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CITATIONS, HEADINGS AND DEFINITIONS 0
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the m
effective date of any amendment thereto.
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B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of m
this Agreement.
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C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below:
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Agreement,terms of the Agreement,or project agreement—The document entitled "RCO GRANT AGREEMENT"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable 0
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement
subject to any limitations on their effect under this Agreement.
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applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, E
subject(if applicable)to substitution of the"RCO director"for the term"board"in those manuals where the project is to
not approved by or funded by the referenced board, or a predecessor to the board. E
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applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement,
subject to substitution of the"RCO director"for the term"board"or"agency" in those cases where the RCO has
contracted to or been delegated to administer the grant program in question. a
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applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility requirements for Q
the grant application or request for funds in question.
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application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds;this includes materials required for the"Application" in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans, evaluation presentations and scripts. M
Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature.This person o
has the signature authority to bind the Sponsor to this Agreement, grant, and project. a
C.F.R.—Code of Federal Regulations +°
completed project or project completion—The status of a project when all of the following have occurred: _
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• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of M
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO. ui
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO. >
• A final reimbursement request has been delivered to and paid by RCO. —J
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have
been recorded (as may apply). y
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contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement.
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Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or 0),
sacred places.
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director—The chief executive officer of the Recreation and Conservation Office or that person's designee.
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effective date—The date when the signatures of all parties to this agreement are present in the agreement.
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equipment—Tangible personal property(including information technology systems) having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)). 19
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funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board. Or both as may apply.
Funding Entity—the entity that approves the project that is the subject to this Agreement. o0
grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source. c
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indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not am
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readily assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved
(2 C.F.R. 200 as updated).
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long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals �+
and other exhibits as may apply.
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landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by the Sponsor.
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match or matching share—The portion of the total project cost provided by the Sponsor. E
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milestone—An important event with a defined date to track an activity related to implementation of a funded project U)
and monitor significant stages of project accomplishment. c
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Office—Means the Recreation and Conservation Office or RCO.
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pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal a
program (2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. (D
period of performance—The period beginning on the project start date and ending on the project end date. Q
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planning project-A project that results in one or more of the following: 1)a study, a plan, assessment, project
design, inventory, construction plans and specifications, and permits; or 2)a project that provides money to facilitate
the work of an organization engaged in planning and coordination, or resource stewardship.
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pre-agreement cost—A project cost incurred before the period of performance.
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primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement
as the entity to which RCO grants funds to and authorizes and requires to administer the grant.Administration °
includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements, a
submitting reports). Primary Sponsor includes its officers, employees, agents and successors. +°
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project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by 2
RCO.
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project area—The area consistent with the geographic limits of the scope of work of the project and subject to m
project agreement requirements. For restoration projects, the project area must include the physical limits of the rn
project's final site plans or final design plans. For acquisition projects, the project area must include the area 0
described by the legal description of the properties acquired for or committed to the project. >
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project completion or completed project—The status of a project when all of the following have occurred:
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of 0
work to implement the project have been completed satisfactorily. ,
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have Q
been recorded (as may apply).
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project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third-party contributions(see also 2 C.F.R. Part 200 (as updated))for federally °
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funded projects).
project end date—The specific date identified in the Agreement on which the period of performance ends, as may 19
be changed by amendment. This date is not the end date for any long-term obligations. 0
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project start date—The specific date identified in the Agreement on which the period of performance starts.
RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this o°p
Agreement. RCO includes the director and staff.
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RCW—Revised Code of Washington c
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reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the am
Sponsor per the terms of the Agreement.
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renovation project—A project intended to improve an existing site or structure in order to increase its useful service Li
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for �+
its originally expected useful service life.
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secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
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Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. E
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Sponsor Authorized Representative/Agent—A S onsor's agent(employee, political appointee, elected person, U)
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etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This 0
person has the signature authority to bind the Sponsor to this Agreement,grant, and project.
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SRFB—Salmon Recovery Funding Board
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subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to (D
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a 0
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include Q
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers
a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward,the subaward amount is the grant program amount in the M
Project Funding Section.
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subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal W
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal 0
program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a a
recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200(as updated)). If this
Agreement is a federal subaward,the Sponsor is the subrecipient.
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tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or Y
coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected M
by the proposed project.This includes sharing with potentially-affected tribes the scope of work in the grant and
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes to
responding to any tribal request from such tribes and considering tribal recommendations for project implementation 0
which may include not proceeding with parts of the project, altering the project concept and design, or relocating the >
project or not implementing the project, all of which RCO shall have the final approval of. _J
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useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. 0
WAC—Washington Administrative Code.
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PERFORMANCE BY THE SPONSOR L
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed Q
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this m
reference as if fully set forth herein. E
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Timely completion of the project and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement.
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ASSIGNMENT
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Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without
prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter o
a conveyance (see below)for the project area acquired with this grant without prior approval of the RCO. m
RESPONSIBILITY FOR PROJECT O
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Although RCO administers the grant that is the subject of this Agreement,the project itself remains the sole responsibility of
the Sponsor.The RCO and Funding Entity(if different from the RCO)undertakes no responsibilities to the Sponsor, or to any
third party, other than as is expressly set out in this Agreement.
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The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit 2_1+
of any nature by any third party related in any way to the project.When a project has more than one Sponsor, any and all a)
Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations 0
unless otherwise stated in this Agreement.
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or p
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, E
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor to
and others with expertise or authority. In this respect,the RCO, its employees, assigns, consultants and contractors, and any
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay c
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the
project apparently is proceeding or has been completed as per the Agreement.
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INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or Q
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any 0
other persons for whom the Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State 00
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable. U
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Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the a
Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and
enforceable only to the extent of the Sponsor's negligence or its agents, or employees.
As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions brought by the =
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the U
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, m
any claims by Sponsor's employees directly against Sponsor. U)
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Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of
any tier shall require that the contracting entity indemnify, defend,waive RCW 51 immunity, and otherwise protect the State as J
provided herein as if it were the Sponsor.This shall not apply to a contractor or subcontractor is solely donating its services to
the project without compensation or other substantial consideration. O
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The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims,
demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other c
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or Q
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and E
employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for r
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whom the Sponsor may be legally liable.
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, 19
committees, divisions, bureaus, offices, societies, or other entities of state government. o
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INDEPENDENT CAPACITY OF THE SPONSOR O
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO m
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06. G
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The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by
federal, state, and/or local laws.
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CONFLICT OF INTEREST
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Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written 0
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under,this Agreement. p
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In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the tM
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor.The rights and remedies of RCO
provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this c
Agreement.
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COMPLIANCE WITH APPLICABLE LAW a
In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without L)
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other Q
applicable laws,the following laws:
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A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination 0
laws and/or policies, including but not limited to:the Americans with Disabilities Act; Civil Rights Act; and the Age
In
Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with le
any nondiscrimination law or policy,the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except U
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where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following o
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the a
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or W
instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or =
instruction may be a minor use of the grant supported recreation and conservation land or facility. U
C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the m
United States and the State of Washington or other jurisdiction which affect wages and job safety.The Sponsor U)
agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as J
required by RCW 39.12.40. The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries. O
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1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of
intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or c
subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative
statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to
investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
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D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and
recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to E
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided L)
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related r
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state Q
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legislature.
E. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that neither it nor its 19
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared 0
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and Industries' "Debarred Contractor List." a�
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ARCHAEOLOGICAL AND CULTURAL RESOURCES
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A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources, 0
except as those listed below.The Sponsor shall follow RCO guidance and directives to assist it with such review as m
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may apply. c
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1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects
occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective u_
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially
historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must o
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and m
cultural resources responsibilities of such state or federal landowner or manager has been conducted.
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B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and 0
cultural resources. E
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C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources E
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any �°
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, m
or avoid impacts to archaeology and cultural resource impacts or concerns.All cultural resources requirements for c
non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. 0
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D. Compliance and Indemnification.At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate
adverse effects to archaeological and historic resources in the project area, and comply with any RCO direction for Q
such minimization and mitigation.All federal or state cultural resources requirements under Governor's Executive
Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the National
Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any work on the
project site.The Sponsor must agree to indemnify and hold harmless the State of Washington in relation to any claim
related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded under this
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Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable
local, state, and federal laws protecting cultural resources and human remains.
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E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for o
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of theILL_
Sponsor.
F. Inadvertent Discovery Plan.The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery =
Plan, and: Y
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1) Keep the IDP at the project site.
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2) Make the IDP readily available to anyone working at the project site. m
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3) Discuss the IDP with staff and contractors working at the project site. J
4) Implement the IDP when cultural resources or human remains are found at the project site. c
G. Inadvertent Discovery pop
1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic E
Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further
disturbance to the archeological or historic resources.
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2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately r
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State
provides a new notice to proceed.
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a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
the Department of Archaeology and Historic Preservation (DAHP).
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b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and 0
make a determination of whether those remains are forensic or non-forensic. If the county medical
examiner/coroner determines the remains are non-forensic,then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over a�
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The o°p
State Physical Anthropologist will make a determination of whether the remains are Indian or Non-
Indian and report that finding to any appropriate cemeteries and the affected tribes.The DAHP will
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then handle all consultation with the affected parties as to the future preservation, excavation, and c
disposition of the remains. M
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RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded u_
project site in a format specified by the RCO.
B. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and other records m
relating to this Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in c
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO 0
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit E
is started before the expiration of the nine(9)year period,the records shall be retained until all litigation, claims, or to
audit findings involving the records have been resolved. E
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C. In order to satisfy 15 CFR 24.42(b)&(c)and 2 CFR 200 (as updated),for projects that contain Pacific Coast Salmon
Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the sponsor shall retain records for a c
period of nine years from the date RCO deems the project complete as defined in the PROJECT 0
REIMBURSEMENTS Section. °-
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D. Access to Records and Data.At no additional cost, the records relating to the Agreement, including materials Q
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO,
personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement.This includes access to all information that supports the costs submitted for payment
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer
models and methodology for those models.
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E. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO y
administers public records requests per WAC 286-06 and 420-04 (which ever applies).Additionally,the Sponsor o
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject aL
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56.
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy =
such record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State Y
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to U
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's .0
defense of such claims. m
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PROJECT FUNDING J
A. Authority. This Agreement and funding is made available to Sponsor through the RCO. 0)
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B. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount 0
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and
incorporated by written amendment into this Agreement.
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C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date E
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Q
Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement
may be reduced as necessary to exclude any such expenditure from reimbursement. c
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D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND t
INFORMATION Section are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)).
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E. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such 19
expenditure from participation. o
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PROJECT REIMBURSEMENTS O
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, m
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only
after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will m
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a c
donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must
include proper documentation of expenditures as required by RCO.
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B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or o
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement m
regarding reimbursement requirements.
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C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly 0
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the E
Sponsor. to
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D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the 0
grant to the Sponsor until the following has occurred:
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1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld. M
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2) On-site signs are in place(if applicable);Any other required documents and media are complete and L)
submitted to RCO;Grant related fiscal transactions are complete, and Q
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E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200
(as updated).Any shared costs or matching funds and all contributions, including cash and third party in-kind
contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the
following criteria: le
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1) Are verifiable from the non-Federal entity's(Sponsor's) records;
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2) Are not included as contributions for any other Federal award; o
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3) Are necessary and reasonable for accomplishment of project or program objectives;
4) Are allowable under 2 C.F.R. Part 200 as updated; _
5) Are not paid by the Federal Government under another Federal award, except where the Federal statute U
authorizing a program specifically provides that Federal funds made available for such program can be .0
applied to matching or cost sharing requirements of other Federal programs;
6) Are provided for in the approved budget when required by the Federal awarding agency identified in the
FEDERAL FUND INFORMATION Section of this Agreement; and J
7) Conform to other provisions of 2 C.F.R. Part 200(as updated)as applicable. c
F. Requirements for Federal Subawards: Closeout. Per 2 C.F.R§200.343(2013), the non-Federal entity(Sponsor) pip
must:
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1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, E
performance, and other reports as required by the terms and conditions of the Federal award.The Federal
awarding agency or pass-through entity(RCO)may approve extensions when requested by the Sponsor.
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2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date
of the period of performance as specified in the terms and conditions of the Federal award.
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3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO) L)
paid in advance or paid and that are not authorized to be retained by the non-Federal entity(Sponsor)for r
use in other projects. See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013), Q
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for requirements regarding unreturned amounts that become delinquent debts.
4) Account for any real and personal property acquired with Federal funds or received from the Federal 19
Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust 0
relationship and 200.329 Reporting on real property(2013).
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RECOVERY OF PAYMENTS pip
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to 0
recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies m
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available at law or in equity. c
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B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 u_
days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time the
Sponsor received such overpayment. Unless the overpayment is due to an error of RCO,the payment shall be due o
and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of m
RCO, it shall be due and owing 30 days after demand by RCO for refund.
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C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as 0
authorized in 2 C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013). E
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COVENANT AGAINST CONTINGENT FEES ,0
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained b the Sponsor for the purpose of securing business. RCO shall have the right, in the
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event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant W
funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's Q
discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such
commission, percentage, brokerage or contingent fee.
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INCOME(AND FEES)AND USE OF INCOME
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with c°vh°
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
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B. Use of Income.Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO, o
and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor a
permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset:
1) The Sponsor's matching resources; _
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2) The project's total cost;
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3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program U)
assisted by the grant funding;
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4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the J
Sponsor's system;
5) Capital expenses for similar acquisition and/or development and renovation; and/or pop
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement. c
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C. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with
program income requirements(see 2 C.F.R. Part 200 (as updated)for federal awards).
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PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has,or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and R
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retained. If no such process exists, the Sponsor must follow these minimum procedures:
1) Publish a notice to the public requesting bids/proposals for the project; 19
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2) Specify in the notice the date for submittal of bids/proposals;
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3) Specify in the notice the general procedure and criteria for selection; and a�
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4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
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5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, m
sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer.
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Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
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This procedure creates no rights for the benefit of third parties, including any proposers, and may not be �+
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the 0
above minimum procedure where state or federal procedures do not apply.
B. Requirements for Federal Subawards. 0
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1) For all Federal subawards, non-Federal entities (Sponsors)must follow 2 C.F.R§§200.318 General to
procurement standards through 200.326 Contract Provisions(2013). E
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TREATMENT OF EQUIPMENT AND ASSETS U
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Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the
applicable manuals, or approved by RCO in writing. °-
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A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the Q
duration of the project, or RULES of applicable grant assisted program.When the Sponsor discontinues use of the
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO,
or to dispose of the equipment according to RCO published policies.
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B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
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C. Requirements for Federal Subawards. Procedures for managing equipment(including replacement equipment),
whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, y
at a minimum, meet the following requirements(2 C.F.R§200.313 (2013)as updated and amended): o
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1) Property records must be maintained that include a description of the property, a serial number or other
identification number, the source of funding for the property(including the Federal Award Identification
Number),who holds title,the acquisition date, and cost of the property, percentage of Federal participation in =
the project costs for the Federal award under which the property was acquired,the location, use and Y
condition of the property, and any ultimate disposition data including the date of disposal and sale price of U
the property.
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2) A physical inventory of the property must be taken and the results reconciled with the property records at m
least once every two years.
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3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the J
property.Any loss, damage, or theft must be investigated. c
4) Adequate maintenance procedures must be developed to keep the property in good condition. pop
5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return. E
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RIGHT OF INSPECTION Q
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or c
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or t
other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to
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inspect and access lands acquired or developed with this funding assistance.
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STEWARDSHIP AND MONITORING 0
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals,this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize,where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO 0
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or m
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
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ACKNOWLEDGMENT AND SIGNS am
A. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid solicitations, and
other documents describing a project funded in whole or in part with federal money provided for in this grant, 3
Sponsors shall clearly state: u_
1) The fund source;
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2) The percentage of the total costs of the project that is financed with federal money;
3) The dollar amount of federal funds for the project; and 0
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4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental to
sources.
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PROVISIONS FOR FEDERAL SUBAWARDS U
The following provisions shall be in force for this agreement:
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A. Sub-Recipient(Sponsor)must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise
indicated,the cost principles apply to the use of funds provided under this Agreement to include match and any in- Q
kind matching donations.The applicability of the cost principles depends on the type of organization incurring the
costs.
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B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117-
58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a le
Buy America preference in the terms and conditions of each award with an infrastructure project.The Act requires the
following Buy America preference:
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1) All iron and steel used in the project are produced in the United States.This means all manufacturing o
processes,from the initial melting stage through the application of coatings, occurred in the United States. a
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2) All manufactured products used in the project are produced in the United States.This means the +=
manufactured product was manufactured in the United States, and the cost of the components of the c�a
manufactured product that are mined, produced,or manufactured in the United States is greater than 55 =
percent of the total cost of all components of the manufactured product, unless another standard for U
determining the minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and m
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3) All construction materials are manufactured in the United States. This means that all manufacturing
processes for the construction material occurred in the United States. m
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4) Subject to subsequent approved federal agency specific waivers.
C. Binding Official. Per 2 CFR 200(as updated), as updated, Sponsor certifies through its actions or those of pop
authorized staff, at the time of a request for reimbursement,the following: "To the best of my knowledge and belief
that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the c
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, m
fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or
administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and
Title 31, Sections 3729-3730 and 3801-3812)." Q
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D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the
definition of"federally assisted construction contract" in 41 C.F.R. §60-1.3 must include the equal opportunity clause E
provided under 41 C.F.R. §60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity U
(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, r
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 Q
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C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200(as updated).
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1) Federally Assisted Construction Contract.The regulation at 41 C.F.R. §60-1.3 defines a"federally 0
assisted construction contract'as any agreement or modification thereof between any applicant and a
person for construction work which is paid for in whole or in part with funds obtained from the Government or
borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, a�
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, o°p
insurance, or guarantee, or any application or modification thereof approved by the Government for a grant,
contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
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2) Construction Work.The regulation at 41 C.F.R. §60-1.3 defines"construction work"as the construction, m
rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes am
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or improvements to real property, including facilities providing utility services. The term also includes the
supervision, inspection, and other onsite functions incidental to the actual construction.
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E. Davis-Bacon Act, as amended(40 U.S.C. 3141-3148).When required by federal program legislation, all prime �+
construction contracts in excess of$2,000 awarded by non-federal entities(Sponsors)must include a provision for
compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)as supplemented by Department of Labor regulations 0
(29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction").
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In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not E
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, 0
contractors must be required to pay wages not less than once a week. The non-federal entity(Sponsor) must place a U)
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The 0
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity(Sponsor) must report all suspected or reported violations to the federal awarding agency identified
in the Federal Fund Information Section.
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The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U. S. C. 3145),
as supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides Q
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that each contractor or subrecipient(Sponsor)must be prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity(Sponsor)must report all suspected or reported violations to the Federal
awarding agency identified in Section H: Federal Fund Information. 'n
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F. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all contracts awarded
by the non-federal entity(Sponsor) in excess of$100,000 that involve the employment of mechanics or laborers must U
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor o
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the a
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the +,
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half f°
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in =
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not Y
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for M
transportation or transmission of intelligence.
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G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding 0
agreement"under 37 C.F.R§401.2(a)and the recipient or subrecipient(Sponsor)wishes to enter into a contract with >
a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of _J
experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient
(Sponsor)must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit —y
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and 0
any implementing regulations issued by the awarding agency. ,
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H. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as
Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non- E
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the Q
Regional Office of the Environmental Protection Agency(EPA).
I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement,the Sponsor certifies(per the
certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly)received or R
will receive for this project from the United States or any agency thereof, have been used or shall be used to engage Q
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8.F.a
in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any
influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid 19
for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not 0
and has not used federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any federal contract,grant or any other award a�
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in o°p
connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal
award.
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J. Procurement of Recovered Materials.A non-federal entity(Sponsor)that is a state agency or agency of a political m
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended
b the Resource Conservation and Recover Act. The requirements of Section 6002 include procuring only items
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designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where Li
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year �+
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in 0
the EPA guidelines.
K. Required Insurance.The non-federal entity(Sponsor)must, at a minimum, provide the equivalent insurance 0
coverage for real property and equipment acquired or improved with federal funds as provided to property owned by E
the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of
the Federal award (2 C.F.R§200.310 (2013)). U)
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L. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a contract to
parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with
the Office of Management and Budget(OMB)guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549 (3
C.F.R part 1986 Comp., p. 189)and 12689(3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension."SAM a
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
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M. Conflict of Interest.Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding
agency established pursuant to 2 C.F.R 200.
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PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS 00
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For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the Sponsor shall not
commence with clearing of riparian trees or in-water work unless either the Sponsor has complied with 50 C.F.R. §223.203 y
(b)(8)(2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and o
Atmospheric Administration.Violation of this requirement may be grounds for terminating this Agreement.This section shall a
not be the basis for any enforcement responsibility by RCO.
ORDER OF PRECEDENCE _
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This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The cvo
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by y
giving precedence in the following order:
A. Federal law and binding executive orders; _J
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B. Code of federal regulations;
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C. Terms and conditions of a grant award to the state from the federal government; m
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal E
law;
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E. State Constitution, RCW, and WAC; Q
F. Agreement Terms and Conditions and Applicable Manuals; c
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G. Applicable deed restrictions, and/or governing documents. t
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8.F.a
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, U
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written 0
amendment to this Agreement and signed by the RCO Director or delegate.
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WAIVER OF DEFAULT m
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the -a
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a c
modification of the terms of the Agreement unless stated to be such in writing,signed by the director, or the director's cp
designee, and attached as an amendment to the original Agreement.
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APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH Ui
The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of the >
application may be deemed a breach of this Agreement. 0
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SPECIFIC PERFORMANCE 0
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RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors' M
completion of the project and/or its completion of long-term obligations as described in this Agreement. However,the remedy m
of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be c
deemed exclusive.The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment 4)
of the grant amount paid and damages. 0
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TERMINATION AND SUSPENSION 0
The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to,the Q
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §200(as
updated).
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A. For Cause. 00
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1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this U
Agreement: W
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a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
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b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the
project by the completion date set out in this Agreement. Included in progress is adherence to =
milestones and other defined deadlines; or Y
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c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed
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to implement the project; to
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2) Prior to termination,the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action >
is not taken within 30 days or such other time period that the director approves in writing, the Agreement may �
be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as
authorized by law and/or this Agreement.
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3) RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or prohibit the o0
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract. m
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B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice, 9),
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms Q
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of this Agreement prior to the effective date of termination.A claimed termination for cause shall be deemed to be a
"Termination for Convenience"if it is determined that: E
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1) The Sponsor was not in default; or
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8.F.a
2) Failure to perform was outside Sponsor's control,fault or negligence.
C. Rights and Remedies of the RCO. 19
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1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid p°p
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the
director may require that any amount paid be repaid to RCO for redeposit into the account from which the
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable c
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for m
substantially the entire period of performance and of long-term obligation.
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D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and C
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under Li
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO �+
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a 0
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. �
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
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1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon E
the state appropriating state and federal funding each biennium. In the event the state is unable to 0
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the U)
Agreement,with ten (10)days written notice, until such time funds are appropriated. Suspension will mean 0
ail work related to the contract must cease until such time funds are obligated to RCO and the RCO provides
notice to continue work. m
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2) No Waiver.The failure or neglect of RCO to require strict compliance with any term of this Agreement or to a
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any (D
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law 0
and regulations.
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DISPUTE HEARING
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Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which
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cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state:
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A. The disputed issues; o
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B. The relative positions of the parties;
C. The Sponsor's name, address, project title, and the assigned project number. _
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that U
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be 0
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on
a third person. This process shall be repeated until a three person panel is established. J
Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according c
to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so a)
agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. pop
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. E
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Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request
shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position Q
of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of r
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the
receiving party of the request. E
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All costs associated with the implementation of this process shall be shared equally by the parties. r
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8.F.a
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys'fees. U
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GOVERNING LAWIVENUE
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a m
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be ,
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where -a
venue is legally proper.The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State c
of Washington and agrees to venue as set forth above. M
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SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason U-
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
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END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement.
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8.G
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KENT
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Grant Acceptance - Commute Trip Reduction Program -
Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Washington State Department of Transportation, in the amount of
$161,600, amend the budget, authorize expenditure of the grant funds,
and authorize the Mayor to sign the grant agreement, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: This Agreement is between the Washington State Department of
Transportation (WSDOT) and the City. The City is required by state law to enforce
the provisions in RCW 70A.15.4000 et seq., to develop and implement plans to
reduce single-occupant vehicle commute trips. The State reimburses the City for
costs incurred based on a formula devised by the Public Transportation Office of the
State Department of Transportation.
This Agreement allocates $161,600 to the City to provide Transportation Demand
Management services used to implement the Commute Trip Reduction (CTR)
Program mandated by RCW 70A.15.4000 - 70A.15.4110 for the 2023-2025 project
term.
The grant funds a portion of the City's Transportation Planning Technician position
and the materials used to support businesses required to participate in the City's
CTR. These businesses employ more than 11,000 people in the City of Kent. The
CTR Program also promotes alternative transportation modes to any interested area
business or individual.
BUDGET IMPACT: WSDOT #PTD0840 Transportation Demand Management
Implementation Agreement Commute Trip Reduction Administrative Work Plan
2023-2025.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 100
8.G
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2023-2025 City of Kent CTR Grant PTD0840 (PDF)
2. 2023-2025 City of Kent CTR Workplan (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 101
8.G.a
Washington State Public Transportation Division
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310 Maple Park Avenue S.E.
Department of Transportation P.O. Box 47337
Olympia, WA 98504-7387 N
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WSDOT Contact: Matthew Cramer 360-905-2152
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cramemaCcDwsdot.wa.gov 3
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Commute Trip Reduction (CTR)
Agreement Number PTD0840
Contractor. City of Kent
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220 Fourth Avenue South a
Term of Project July 1,2023 through June 30,2025 Kent,WA 98032 0
Contact: Rob Brown 253-856-5571
Vendor# 916001254
RBrown@KentWA.gov
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THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter
"WSDOT," and the Contractor identified above, hereinafter the "CONTRACTOR," individually the
"PARTY" and collectively the "PARTIES." E
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WHEREAS, RCW 70A.15.4000 through RCW 70A.15.4110 establishes the state's leadership role, and v
the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through
commute trip reduction programs, including transportation demand management programs for growth
and transportation efficiency centers ("GTEC") in Washington State; and f°
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WHEREAS, the State of Washington in its Sessions Laws of 2023, Chapter 472 Section 221
authorizes funding for Public Transportation Programs and other special proviso funding as identified Q
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in the budget through its 2023-2025 biennial appropriations to WSDOT; and
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NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained co
herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS M
FOLLOWS:
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SCOPE OF WORK AND BUDGET o
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The CONTRACTOR agrees to provide Transportation Demand Management (TDM) services, primarily L
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used to support local Commute Trip Reduction (CTR) programs associated with the Statewide
Commute Trip Reduction Program, including: 1) Development and submission of an Administrative v
Work Plan by the end of the first quarter of this AGREEMENT that must be approved by WSDOT in
writing; and 2) Implementation of the strategies and production of the deliverables outlined in the
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WSDOT-approved Administrative Work Plan in order to implement a CTR program. The Administrative c
Work Plan shall be incorporated as an amendment to this AGREEMENT.
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Funds Current Funds M
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Commute Trip Reduction(MMA) $ 161,600 N
Total Project Cost $ 161,600 c
Budget: Current Funds reflect total funding appropriated by the Washington E
State Legislature for the Project in the 2023-2025 biennium.
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City of Kent Pa
PTD0840 Packet Pg. 102
8.G.a
Section 2
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funds to the CONTRACTOR for public c
transportation services that meet the needs of persons in the State of Washington.
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Section 3 L
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Scope of Project °
The CONTRACTOR agrees to perform all designated tasks of the Project under this r_
AGREEMENT as described in "Scope of Work and Budget". °
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Section 4 a
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Term of Agreement
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The CONTRACTOR shall commence, perform, and complete the work identified under this
AGREEMENT within the time defined in the caption space header titled "Term of Agreement" on E
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this AGREEMENT regardless of the date of signature and execution of this AGREEMENT unless °
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terminated as provided herein.
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Section 5
General Compliance Assurance
A. The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's Commute Q
Trip Reduction Guidebook, hereinafter referred to as the "Guidebook", and any amendments
thereto, found at https://www.wsdot.wa.gov/transit/qrants/apply-manage-your-qrant , which by
this reference is fully incorporated herein.
B. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall
have not only the right to monitor the compliance of the CONTRACTOR with respect to the co
provisions of this AGREEMENT but also have the right to seek judicial enforcement with regard
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to any matter arising under this AGREEMENT. c
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Section 6 i4
Administrative Work Plan
A. The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the
first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is
sooner. The administrative work plan will include the following elements: Y
a. The work plan shall identify the deliverables, schedule, expected outcomes, performance o
measures, and strategies associated with this AGREEMENT and other strategies as
defined in the approved and locally adopted CTR or GTEC plans. These plans may include
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but are not limited to, recruiting new employer worksites, reviewing employer programs and c
providing site-specific suggestions for improved CTR performance, administering surveys, M
CTR Work Plan reviewing program exemption requests, providing employer training, c
providing incentives, performing promotion and marketing, and providing emergency ride
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home and other commuter services.
b. The administrative work plan may be amended based on a mutual written agreement E
between the WSDOT Project Manager and the CONTRACTOR.
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City of Kent Pa
PTD0840 Packet Pg. 103
8.G.a
Section 7 N
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CTR or GTEC Plan 0
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The CONTRACTOR shall prepare and submit a local CTR and/or GTEC plan for each jurisdiction Q
supported by project funds.The plan will meet the standards defined in the"Guidance Document."
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Section 8 a
Survey Coordination o
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for Commute 3
Trip Reduction employer surveys.
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Section 9 '
Database Updates E
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners c
with updated lists of affected or participating worksites, employee transportation coordinators, and L)
jurisdiction contacts, as requested. These updates will be submitted in a format specified by
WSDOT.
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Section 10 .�
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Use of State Funds for Incentives
The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR.
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Section 11 0
Coordination with Regional Transportation Planning Organizations (RTPO) a
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or
GTEC plan and programs with the applicable regional transportation planning organization
(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans
and programs that could impact the success of the regional CTR plan. The CONTRACTOR
agrees to provide information about the progress of its CTR and/or GTEC plan and programs to
the RTPO upon request. Y
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Section 12 LO
Project Records N
The CONTRACTOR agrees to establish and maintain accounts for the Project in order to M
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the N
performance of this AGREEMENT. Such accounts are referred to herein collectively as the c
"Project Account." All costs claimed against the Project Account must be supported by properly E
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in
sufficient detail the nature and propriety of the costs claimed.
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City of Kent Pa
PTD0840 Packet Pg. 104
8.G.a
Section 13
Reimbursement and Payment
A. Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures o
incurred while performing eligible direct and related indirect Project work during the life of the
Project. Payment is subject to the submission to and approval by WSDOT of properly prepared Q
invoices that substantiate the costs and expenses submitted by the CONTRACTOR for
reimbursement. Failure to send in progress reports and financial information as required in
Section 16 — "Reports" may delay payment. The CONTRACTOR shall submit an invoice o
detailing and supporting the costs incurred. Such invoices may be submitted no more than once a
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per month and no less than once per year, during the course of this AGREEMENT. If approved 0
by WSDOT, properly prepared invoices shall be paid by WSDOT within thirty (30) days of receipt ;
of the invoice. a
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B. State Fiscal Year End Closure Requirement (RCW 43.88): The CONTRACTOR shall submit an
invoice for completed work in the same state fiscal year in which it was incurred. Pursuant to RCW E
43.88.020(12)"fiscal year" is defined as the year beginning July 1 st and ending the following June 0
30th. Reimbursement requests must be received no later than July 15 of the following state fiscal ,
year. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the
proper fiscal year.Any payment request received after the timeframe prescribed above will not be a
eligible for reimbursement. a
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Section 14
Assignments and Subcontracts 00
A. The CONTRACTOR shall submit to WSDOT a copy of any contract, amendment, or change order
thereto pertaining to this Project for review and documentation. This includes any completed
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Project facilities and/or infrastructure under this AGREEMENT, or other actions obligating the o
CONTRACTOR in any manner with any third party with respect to its rights and responsibilities a
under this AGREEMENT, including any leasing and/or lending the Project or any part thereof to
be used by anyone, not under the CONTRACTOR's direct supervision.
B. The CONTRACTOR agrees to include all applicable sections of the AGREEMENT such as
Sections 5, 10, 11, and Sections 15 through 27, of this AGREEMENT in each subcontract and
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in all contracts, it enters into for the employment of any individual, procurement of any materials,
or the performance of any work to be accomplished under this AGREEMENT. Y
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Section 15 LO
Funding Distribution N
The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit N
agencies, Transportation Management Associations, Metropolitan Planning Organizations, or N
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR and/or GTEC, plans as applicable, and as authorized by RCW 70A.15.4080, and by
ordinances adopted pursuant to RCW 70A.15.4020(5).
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City of Kent Pa
PTD0840 Packet Pg. 105
8.G.a
Section 16
Reports _F
The CONTRACTOR shall prepare and submit quarterly, and annual program reports pursuant to 0
this agreement and as prescribed in WSDOT's Transportation Demand Implementation
Guidebook. Due to Legislative and WSDOT reporting requirements, any required quarterly Q
progress reports shall be submitted for the duration of the AGREEMENT period regardless of
whether the underlying funding sources have been exhausted. Post-grant annual performance
reporting may also be required as prescribed in the aforementioned guidebook. o
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Section 17
Implementation Plans
The CONTRACTOR shall incorporate appropriate sections of the "Scope of Work and Budget" a
and description of allowable incentives in accordance with the incentives guidance provided to
the CONTRACTOR by WSDOT as set forth in Section 10 of this AGREEMENT, as well as the
WSDOT-approved Administrative Work Plan, in all agreements with an eligible contracting E
partner(s), as necessary, to coordinate the development, implementation, and administration of 0
such CTR and/or GTEC plans, and in compliance with applicable ordinances. ,
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Section 18
Energy Credit a
To the extent CONTRACTOR receives any monies from the sale or disposition of energy credits,
decarbonization credits, environmental credits, or any other monies through its participation in a
like program, CONTRACTOR agrees to reinvest those monies into services and projects
consistent with the STATE'S public transportation grant program. CONTRACTOR'S obligation to 00
reinvest these monies under this provision shall be in an amount no less than the proportion of
the STATE'S funding of this AGREEMENT.
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Section 19
No obligation by the state government
No contract between the CONTRACTOR and its subcontractors shall create any obligation or
liability for WSDOT with regard to this AGREEMENT without WSDOT's specific written consent,
notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the c
solicitations thereof. Y
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Section 20 LO
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Personal Liability of Public Officers N
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in N
connection with this AGREEMENT, it being understood that in such matters they are acting solely N
as agents of WSDOT.
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City of Kent Pa
PTD0840 Packet Pg. 106
8.G.a
Section 21
Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any o
loan, gratuity, or gift of money in any form whatsoever to any employee or officer of WSDOT, nor
shall CONTRACTOR knowingly rent or purchase any equipment and materials from any Q
employee or officer of WSDOT.
B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall
not engage on a full-time, part-time, or other basis during the period of this AGREEMENT, any o
professional or technical personnel who are, or have been, at any time during the period of this a
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AGREEMENT, in the employ of WSDOT without written consent of WSDOT. 0
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Section 22 a
Civil rights
The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any WSDOT-assisted contract or in the administration of its public E
transportation services. 0
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Section 23
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Compliance with Laws and Regulations
A. The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations Q
including but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances, project record keeping necessary to evidence compliance with
such federal and state laws and regulations, and retention of all such records. The
CONTRACTOR will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. co
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B. Additionally, the CONTRACTOR agrees to comply with the following:
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a. SIB 5974 Move Ahead Washington o
b. RCW 70A.02 Healthy Environmental for All (HEAL)ACT, and a
c. RCW 70A. 65.260 Climate Commitment ACT.
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C. Except when a federal statute or regulation preempts state or local law, no provision of the
AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any
U
provision, perform any other act, or do any other thing in contravention of state or local law. If
any provision or compliance with any provision of this AGREEMENT violates state or local law Y
or would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to 0
notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR
agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, U
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terminate the AGREEMENT. o
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PTD0840 Packet Pg. 107
8.G.a
Section 24
Environmental and Regulatory Requirements N
The CONTRACTOR agrees to secure any necessary local, state, and federal permits and o
approvals, and comply with all applicable requirements of Chapter 43.21 C RCW State
Environmental Policy Act (SEPA). The CONTRACTOR agrees to comply with all applicable Q
requirements of Executive Order 21-02, Archaeological and Cultural Resources, for all capital
construction projects or land acquisitions not undergoing Section 106 review under the National 2-
Historic Preservation Act of 1966 (Section 106). o
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Section 25
Accounting Records
The CONTRACTOR agrees to establish and maintain accounts for the Project in order to a
sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the
performance of this AGREEMENT. Such accounts are referred to herein collectively as the
"Project Account." All costs claimed against the Project Account must be supported by properly E
executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in 0
sufficient detail the nature and propriety of the costs claimed. ,
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Section 26
Audits, Inspections, and Records Retention a
WSDOT, the State Auditor, and any of their representatives shall have full access to and the right
to examine, during normal business hours and as often as they deem necessary, all of the
CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such 00
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the
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CONTRACTOR shall retain all documents, papers, accounting records, and other materials o
pertaining to this AGREEMENT for six (6) years from the date of completion of the Project or the a
Project's final payment date. However, in case of audit or litigation extending past that six (6)
year's period, then the CONTRACTOR must retain all records until the audit or litigation is
completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of the CONTRACTOR comply with the provisions of this section and provide,
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WSDOT, the State Auditor, and any of their representatives, access to such records within the
scope of this AGREEMENT. Y
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Section 27 LO
Labor Provisions N
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the N
Project work which may require or involve the employment of laborers or mechanics shall require N
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic E
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty (40) hours in such workweek CONTRACTOR will comply with all
applicable provisions of Title 49 RCW, Labor Regulations. a
City of Kent Pa
PTD0840 Packet Pg. 108
8.G.a
Section 28
Changed Conditions Affecting Performance _F
The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or o
law, or of any other event, which may affect its ability to perform the Project in accordance with
the provisions of this AGREEMENT. Q
Section 29
Remedies for Misuse or Noncompliance. c
If WSDOT determines that the funds have been used in a manner materially different from a
Section 1, WSDOT may direct the CONTRACTOR to repay WSDOT the State-funded share of o
the Project. WSDOT may also withhold payments should it determine that the CONTRACTOR
has failed to materially comply with any provision of this AGREEMENT.
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Section 30
Disputes
A. Disputes. Disputes, arising in the performance of this AGREEMENT, which is not resolved by c
agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation v
Division's Assistant Director or Designee. This decision shall be final and conclusive unless within
ten (10) days from the date of the CONTRACTOR'S receipt of WSDOT's written decision, the
CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public
Transportation Division or the Director's designee. The CONTRACTOR's appeal shall be decided
in writing by the Director of the Public Transportation Division within thirty (30) days of receipt of a
the appeal by the Director of the Public Transportation Division or the Director's designee. The L
decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the
decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall 00,
continue performance under this AGREEMENT while matters in dispute are being resolved. o
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Section 31 a
Termination v
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A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate
this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided
herein, at any time by written notice to the other PARTY. In the case of partial termination WSDOT
and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but Y
not limited to the settlement terms, and conditions. Written notification must set forth the reasons
for such termination, the effective date, and in case of a partial termination the portion to be 0,
terminated. However, if in the case of partial termination, WSDOT determines that the remaining L)
portion of the award will not accomplish the purposes for which the award was made, WSDOT N
may terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for N
convenience for reasons including, but not limited to, the following: o
1. The requisite funding becomes unavailable through failure of appropriation or otherwise; N
2. WSDOT determines, in its sole discretion, that the continuation of the Project would not
produce beneficial results commensurate with the further expenditure of funds; E
3. The CONTRACTOR is prevented from proceeding with the Project as a direct result of an
Executive Order of the President with respect to the prosecution of a war or in the interest a
City of Kent Pa
PTD0840 Packet Pg. 109
8.G.a
of national defense; or an Executive Order of the President or Governor of the state with
respect to the preservation of energy resources;
4. The CONTRACTOR is prevented from proceeding with the Project by reason of a o
temporary preliminary, special, or permanent restraining order or injunction of a court of
competent jurisdiction where the issuance of such order or injunction is primarily caused Q
by the acts or omissions of persons or agencies other than the CONTRACTOR; or
5. The state Government determines that the purposes of the statute authorizing the Project
would not be adequately served by the continuation of financial assistance for the Project. o
6. In the case of termination for convenience under subsections A.1-5 above, WSDOT shall a
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reimburse the CONTRACTOR for all costs payable under this AGREEMENT that the 0
CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly
submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in
its possession belonging to WSDOT, the CONTRACTOR will account for the same, and a
dispose of it in the manner WSDOT directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in
whole or in part, and all or any part of the financial assistance provided herein, at any time by E
written notice to the CONTRACTOR, if the CONTRACTOR materially breaches or fails to perform c
any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which
under the procedures of this AGREEMENT would have required the approval of WSDOT; a
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America
laws, Washington state laws, or local governmental laws under which the CONTRACTOR a
operates;
3. Fails to make reasonable progress on the Project or other violation of this AGREEMENT
that endangers substantial performance of the Project; or
4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is
00
in violation of, any provision of this AGREEMENT.
5. WSDOT shall serve a notice of termination on the CONTRACTOR setting forth the manner
in which the CONTRACTOR is in default. If it is later determined by WSDOT that the o
CONTRACTOR had an excusable reason for not performing, such as events which are not
the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood, a
WSDOT may: (a)allow the CONTRACTOR to continue work after setting up a new delivery L
of performance schedule, or (b) treat the termination as a termination for convenience.
C. WSDOT, in its sole discretion, may, in the case of a termination for breach or default, allow the
CONTRACTOR ten (10) business days, or such longer period as determined by WSDOT, in which v
to cure the defect. In such cases, the notice of termination will state the time period in which cure Y
is permitted and other appropriate conditions. If the CONTRACTOR fails to remedy to WSDOT's c
satisfaction the breach or default within the timeframe and under the conditions set forth in the
notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any L)
further obligation to CONTRACTOR. Any such termination for default shall not in any way operate c
to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its N
sureties for said breach or default. o
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR of any N
covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's
remedies for any succeeding breach of that or of any other term, covenant, or condition of this E
AGREEMENT.
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City of Kent Pa
PTD0840 Packet Pg. 110
8.G.a
E. Any termination of the AGREEMENT, whether for convenience or for default, that requires the
AGREEMENT to be terminated or discontinued before the specified end date set forth in the N
caption header, "Term of Project", shall require WSDOT to amend the AGREEMENT by written o
amendment to reflect the termination date and reason for termination.
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Section 32 L
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Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of r-
Work and Budget. Such changes that are mutually agreed upon shall be incorporated as written
amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT
shall be valid unless made in writing and signed by authorized representatives of the PARTIES
hereto, provided, however, that changes to the Project title, UPIN, the contact person of either a
PARTY, biennial adjustments with no impact to the overall project cost, or adding the
Administrative Work Plan, will not require a written amendment, but will be approved and
documented by WSDOT through an administrative revision. WSDOT shall notify the E
CONTRACTOR of any such approved revision in writing. 0
B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of ,
funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written
amendment to this AGREEMENT, providing for an appropriate change in the Scope of Work and
Budget and/or the Total Project Cost in order to reflect any such increase in funding.
C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding Q
under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into a written
amendment to this AGREEMENT providing for an appropriate change in the Scope of Work and
Budget and/or the Total Project Cost in order to reflect any such reduction of funding.
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Section 33 0
Recapture Provision o
In the event that the CONTRACTOR fails to expend State Funds in accordance with state law o
and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds a
in an amount equivalent to the extent of noncompliance. The CONTRACTOR agrees to repay
such State Funds under this recapture provision within thirty (30) days of demand. c�
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Section 34
Forbearance by WSDOT Not a Waiver 4-
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded 0,
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
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Section 35 c
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Waiver M
N
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be N
construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way
impair or prejudice any right or remedy available to WSDOT with respect to any breach or default.
In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR
constitute or be construed as a waiver by the CONTRACTOR of any WSDOT breach, or default
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City of Kent Pag
PTD0840 Packet Pg. 111
8.G.a
which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with
respect to any breach or default. N
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Section 36 Q
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify, defend, and hold harmless WSDOT, its agents, employees,
and officers and process and defend at its own expense any and all claims, demands, suits at law
or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as r-
"claims"), of whatsoever kind or nature brought against WSDOT, arising out of, in connection with 2
or incident to the execution of this AGREEMENT and/or the CONTRACTOR's performance or
failure to perform any aspect of this AGREEMENT. This indemnity and defense provision applies
to all claims against WSDOT, its agents, employees, and officers arising out of, in connection with, a
or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees,
officers, and subcontractors of any tier. Provided, however, that nothing herein shall require the
CONTRACTOR to indemnify, defend, and hold harmless or defend WSDOT, its agents, E
employees, or officers to the extent that claims are caused by the sole negligent acts or omissions 0
of WSDOT, its agents, employees or officers; and provided further that if such claims result from ,
the concurrent negligence of (a) the CONTRACTOR its employees, agents, officers or
contractors and (b) the STATE, its employees or authorized agents, or involves those actions
covered by RCW 4.24.115, the indemnity and defense provisions provided herein shall be valid a
and enforceable only to the extent of the negligence of the PARTY, its employees, officers, a
authorized agents, and/or contractors. The indemnification and hold harmless provision shall
survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in
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any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by the
CONTRACTOR's employees and/or subcontractors and solely for the purposes of this o
indemnification and defense, the CONTRACTOR, by mutual negotiation, specifically waives any a
immunity under the state Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs, or other legal
expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY,
all such fees, costs, and expenses shall be recoverable by the prevailing PARTY.
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Section 37 0
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this L)
AGREEMENT must be mutually agreed upon and incorporated by written amendment to this c
AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless M
signed by the persons authorized to bind from each of the PARTIES. Provided, however, that o
changes to the federal award identification number, DUNS, project title, federal ID number, CFDA
number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do
not affect the Project total cost, will not require a written amendment, but will be approved and
documented by WSDOT through an administrative revision. WSDOT shall notify the 2
CONTRACTOR of the revision in writing. a
City of Kent Pag
PTD0840 Packet Pg. 112
8.G.a
Section 38
WSDOT Advice -F
The CONTRACTOR bears complete responsibility for the administration and success of the work o
as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR
may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the Q
CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held
liable for any advice offered to the CONTRACTOR.
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Section 39 0
Venue and Process
In the event that either PARTY deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such
action shall be initiated in the Superior Court of the State of Washington situated in Thurston
County. The PARTIES agree that the laws of the State of Washington shall apply.
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Section 40 v
Subrogation
A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such reasonable action
as may be necessary or appropriate to preserve the CONTRACTOR's right to recover damages
from any person or organization alleged to be legally responsible for injury to the Project
Equipment as defined in the scope of work or other property in which WSDOT has a financial a
interest. a
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B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery
against any person or organization for loss, to the extent of WSDOT's loss. Upon assignment, the
CONTRACTOR shall execute, deliver, and do whatever else reasonably necessary to secure °$
WSDOT's rights. The CONTRACTOR shall do nothing after any loss to intentionally prejudice the o
rights of WSDOT. o
C. Duties of the CONTRACTOR. If WSDOT has exercised its right of subrogation, the o
CONTRACTOR shall cooperate with WSDOT and, upon WSDOT's request, assist in the a
prosecution of suits and enforce any right against any person or organization who may be liable
to WSDOT due to damage of Project Equipment. The CONTRACTOR shall attend hearings and c�
trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT,
and obtain the attendance of witnesses as requested by WSDOT. U
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Section 41 0
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall L)
not affect the validity or obligation of performance of any other covenant or provision, or part c
thereof, that in itself is valid if such remainder conforms to the terms and requirements of M
applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or c
provision shall delay the performance of any other covenant or provision except as herein allowed.
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City of Kent Pag
PTD0840 Packet Pg. 113
8.G.a
Section 42
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to 0
be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all
statements, representations, warranties, covenants, and agreements and their supporting Q
materials contained and/or mentioned in such executed counterpart and does hereby accept
State Funds and agrees to all of the terms and conditions thereof.
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Section 43 °
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES.
No agent or representative of WSDOT or the CONTRACTOR has authority to make, and neither a
WSDOT nor the CONTRACTOR shall be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein or made by written amendment hereto.
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Section 44 U
Execution as
This AGREEMENT is executed by the Director of the Public Transportation Division, Washington
State Department of Transportation, or the Director's designee, not as an individual incurring
personal obligation and liability, but solely by, for, and on behalf of the Washington State
Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Q
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Section 45
Order of Precedence M
Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving
documents precedence in the following order: o
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1. State law a
2. This AGREEMENT c
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3. CTR Guidebook
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Section 46
Execution Y
This AGREEMENT is executed by the Director, Public Transportation Division, State of °
Washington, Department of Transportation, or the Director's designee, not as an individual
incurring personal obligation and liability, but solely by, for, and on behalf of the State of N
Washington, Department of Transportation, in the capacity as Director, Public Transportation N
Division, or as a designee. N
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City of Kent Pag
PTD0840 Packet Pg. 114
8.G.a
Section 47
Agreement Close Out
The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date c
set forth in the caption header, "Term of Agreement". A written notification needs to be provided
to WSDOT that the project is complete. WSDOT will prepare an amendment to modify the Q
AGREEMENT to reflect the actual amount spent and the Project completion date.
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Section 48
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
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their respective agency(ies) and/or entity(ies) to the obligations set forth herein.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and
year last signed below. E
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WASHINGTON STATE CONTRACTOR Q
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DEPARTMENT OF TRANSPORTATION
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Brian Lagerberg, Director Authorized Representative
Public Transportation Division
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Date Date 0
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City of Kent Pag
PTD0840 Packet Pg. 115
8.G.b
2023-2025 CTR Administrative Workplan — City of Kent
1. Organization
City of Kent
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2. Agreement number r
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PTD0840
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3. Local agency contact c
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Rob Brown
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253-856-5571 U
RBrown@KentWA.gov
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4. Employer engagement 2-
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A. Identify worksites and employee transportation coordinators (required)
Activities: E
• Identify prospective worksites. U
• Notify employers of legally required activities.
• Verify and maintain list of worksites and employee transportation coordinators in survey
and program report system. a
Deliverables:
• Letters/emails to new worksites and employers. Q
B. Engage and train employee transportation coordinators (required)
Activities:
• Provide training materials.
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• Conduct training sessions as needed (in-person or virtual)
• Provide outreach and consultation.
• Provide technical assistance for worksite commute programs and employee surveys.
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• Encourage employee transportation coordinators attend the Washington State 0
Ridesharing Organization conference and other educational events.
• Host recognition and networking events.
• Send encouragement and reminder emails.
Deliverables:
• Training slides and handouts. -
• List of employee transportation coordinators who completed training or attended events.
• Copies of email invitations. U
• Copies of award certificates. o
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C. Support distribution of information about transportation options to commuters o
Activities: N
• Develop promotions calendar.
• Promote commute options with employee transportation coordinators at wellness fairs, E
sustainability fairs, and other employee engagement events.
• Create promotions, produce materials, and distribute them to employee transportation Q
coordinators.
Packet Pg. 116
8.G.b
2023-2025 CTR Administrative Workplan — City of Kent
Deliverables:
• Copy of promotions calendar.
• Examples of promotional materials.
• List of events attended.
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D. Enable incentives, subsidies, and disincentives a
Activities:
• Promote the CTR business-and-occupation tax/public-utilities-tax credit by adding it to
the CTR resource page of our website. 0
• Establish relationships with employers encourage them to provide ORCA cards to their a.
employees. o
• Work with worksites to encourage parking management strategies for employees 3
implementation.
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• Provide information to encourage employers to offer improved commute benefits;
commute benefits offered by industry peer organizations, how commute benefits
contribute to sustainability, effects of commute benefits on employee satisfaction,
recruitment, or retention. 0
• Provide educational materials that indicate how much workers value commute benefits. E
0
• Provide bike lights & locks. U
Deliverables:
• Webpage updates.
• Summary documenting results of promotions. a
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5. Commute trip reduction plan Q
Activities c
• Comply with WSDOT CTR Plan Guidance 0
• Develop a workplan and timeline.
• Engage the public and stakeholders. 00
• Identify and review resources.
• Develop plan content and draft plan.
• Integrate with regional 4-year plan
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• Obtain approvals from governing authorities of the CTR law and ordinance. 0
Deliverables: 3.1
• Draft plan.
• Final plan.
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6. Performance reporting 4-
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A. Worksite surveys (required) U
Activities: N
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• Review revised policies and tutorials. N
• Attend WSDOT trainings and workshops. o
• Survey worksites. N
• Promote participation with promotional materials and incentives.
• Provide training and technical assistance to employers. E
• Monitor online dashboards and help employers interpret and use dashboards to guide
their programs. Q
• Analyze survey results and identify trends.
Packet Pg. 117
8.G.b
2023-2025 CTR Administrative Workplan — City of Kent
Deliverables:
• Survey results.
• Briefing paper on trends.
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B. Program reports (required) r
Activities: a
• Review revised policies and tutorials.
• Attend WSDOT trainings and workshops.
• Provide training and technical assistance to employee transportation coordinators. c
• Analyze program reports and identify trends. a.
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• Survey results. 3
• Briefing paper on trends.
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7. Administration Q"
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A. Financial management (required)
Activities: E
• Complete quarterly billing to WSDOT. U
• Maintain financial records.
• Apply for additional grant funding, as available.
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• Quarterly reports Q
• Financial records
• Grant applications
B. Program management (required)
Activities:
• Provide quarterly reports to WSDOT.
• Maintain employer information.
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• Maintain plan and ordinance. 0
• Provide feedback to WSDOT to improve processes and program performance. 3.1
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Deliverables:
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• Quarterly reports to WSDOT. r
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• Employer information list. Y
• Copy of local CTR plan. -
• Copy of local CTR ordinance.
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C. Community of practice o
Activities: N
• Attend TDM Technical Committee, TDM Executive Board meetings, and CTR o
implementers meetings. N
• Review and comment on the State CTR Plan, State CTR Report, and regional and local
transportation plans. E
• Participate in regional TDM forums, committees, boards, working groups.
• Participate in the Switch Your Trips Washington Committee Q
Deliverables:
Packet Pg. 118
8.G.b
2023-2025 CTR Administrative Workplan — City of Kent
• Meeting agendas and confirmed participant lists.
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Packet Pg. 119
8.H
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Goods & Services Agreement with Olympic Environmental
Resources, Inc - Authorize
MOTION: I move to authorize the Mayor to sign the Goods & Services
Agreement with Olympic Environmental Resources, Inc., subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The City will host three large (Saturdays) and up to six mini (Fridays)
residential recycling events at no charge to attendees in 2024. To successfully
operate the events, the City uses a consultant with proven experience to staff and
contract with recycling vendors for specialty items that are difficult to recycle.
These events, which have been and continue to be funded by grants, have been
very successful and beneficial for the community and the environment.
In December 2023, the City issued a Request for Proposals for a recycling event
consultant to run each recycling event in 2024. Two proposals were received and
evaluated, and Olympic Environmental Resources, Inc. was selected to perform
these duties for the amount of $176,215.
BUDGET IMPACT: None - This contract is fully grant funded and will be paid for by
King County's Waste Reduction and Recycling and Hazardous Waste Management
Program grants and the Department of Ecology's Local Solid Waste Financial
Assistance grant.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
Packet Pg. 120
8.H
1. Olympic Environmental Resources - 2024 Recycling Events Agreement (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 121
8.H.a
KEN T
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GOODS & SERVICES AGREEMENT E,
between the City of Kent and °
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Olympic Environmental Resources, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation `0
(hereinafter the "City"), and Olympic Environmental Resources, Inc. organized under the laws of the State N
of Washington, located and doing business at 4715 SW Walker Street, Seattle, WA 98116, Phone: (206)
938-8262, Contact: Paul Devine (hereinafter the "Vendor").
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AGREEMENT Ga
I. DESCRIPTION OF WORK. 0
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The Vendor shall provide the following goods and materials and/or perform the following services for ti
the City: M
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The Vendor shall assist with the City's 2024 Recycling Events. For a description, see the E
Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference.
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The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
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materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and c
services through other sources. N
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II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall U
complete the work and provide all goods, materials, and services by December 31, 2024. o
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III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred
Seventy Six Thousand, Two Hundred Fifteen Dollars ($176,215), including applicable Washington State
Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the
Vendor the following amounts according to the following schedule: c
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The Vendor shall be paid after execution of agreement and submittal of invoice for services
provided.
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GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 122
8.H.a
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City. �-
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If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option O
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every r
effort to settle the disputed portion. 3
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A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the aEi
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is Iv
unable, for any reason, to complete any part of this Agreement, the City may obtain the
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goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, .2
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs cn
incurred to complete this Agreement with other sources, from any and all amounts due or to °a
become due the Vendor. -a
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B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS M
MADE. ..
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IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- E
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in 2
accordance with Ch. 51.08 RCW, the parties make the following representations: a
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement. w
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B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
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C. The Vendor has an established and independent business that is eligible for a business N
deduction for federal income tax purposes that existed before the City retained the N
Vendor's services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this a
Agreement. 3
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D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
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E. The Vendor has registered its business and established an account with the state o
Department of Revenue and other state agencies as may be required by the Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the State w
of Washington. 2
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F. The Vendor maintains a set of books dedicated to the expenses and earnings of its 2,
business. O
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V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon E
providing the other party thirty (30) days written notice at its address set forth on the signature block of 5
this Agreement. �.
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GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 123
8.H.a
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for >,
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach O
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the r
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the 3
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the aEi
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for Iv
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must Q
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in a
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate cn
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the °a
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract o
time and for direct, indirect and consequential costs, including costs of delays related to any work, either 6
covered or affected by the change.
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VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure 00
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent E
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing a
state or national declarations of emergency, or any current social distancing restrictions or personal u)
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic. w
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If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in N
performance and, provided, that the party prevented or delayed has not caused such event to occur and N
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
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Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City 3
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any 00
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
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If a force majeure event occurs, the City may direct the Vendor to restart any work or performance o
that may have ceased, to change the work, or to take other action to secure the work or the project site >
during the force majeure event. The cost to restart, change, or secure the work or project site arising from w
a direction by the City under this clause will be dealt with as a change order, except to the extent that the .2
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under E
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the 2,
Vendor. O
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VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written E
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to Q
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 124
8.H.a
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
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At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items >,
1 through 5 below. O
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FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN 3
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY aEi
THAT DELAY. ;v
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A. Notice of Claim. Provide a signed written notice of claim that provides the following a
information:
1. The date of the Vendor's claim; cn
2. The nature and circumstances that caused the claim; °a
3. The provisions in this Agreement that support the claim; -a
4. The estimated dollar cost, if any, of the claimed work and how that estimate �°o'
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruptionIq
if the Vendor is asserting a schedule change or disruption. 00,
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B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the E
Vendor's records needed for evaluating the protest.
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The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest. w
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C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor N
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination). a
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E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the 0
City any written or oral order (including directions, instructions, interpretations, and
determination).
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IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING o
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE 5;
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. W
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 2
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X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work 2,
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor E
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall Q
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 125
8.H.a
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay >,
all costs incurred by the City in order to accomplish the correction. O
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XI. DISCRIMINATION. In the hiring of employees for the performance of work under this 3
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national aEi
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who Iv
is qualified and available to perform the work to which the employment relates. The Vendor shall execute Q
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, cn
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or °a
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's o
performance of this Agreement, except for that portion of the injuries and damages caused by the City's 6
negligence.
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The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds 00
to avoid any of these covenants of indemnification.
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION aEi
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER Q
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
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In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made w
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part. N
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The provisions of this section shall survive the expiration or termination of this Agreement.
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XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, 3
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. 00
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XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the E
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or o
other articles used or held for use in connection with the work. >
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XV. MISCELLANEOUS PROVISIONS. 2
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A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its 2,
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
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B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Q
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 126
8.H.a
C. Resolution of Disputes and Governing. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in >,
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the 0
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred r
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or 3
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement. aEi
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D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
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the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or 2
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. cn
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E. Assignment. Any assignment of this Agreement by either party without the written consent -a
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, �0
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
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F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor.
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G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative a
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any w
language contained in this Agreement, the terms of this Agreement shall prevail.
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H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of N
the performance of those operations. N
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the a
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, 3
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be 00
subject to public review and disclosure, even if those records are not produced to or possessed by the City 0
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
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J. City Business License Required. Prior to commencing the tasks described in Section I, o
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code. w
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GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 127
8.H.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person. Q-
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IN WITNESS, the parties below execute this Agreement, which shall become effective on 0
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
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to have applied.
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VENDOR: CITY OF KENT: (D
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By: By:
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Print Name: Print Name: Dana Ralph U)
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DATE: DATE:
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: r
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VENDOR: CITY OF KENT: E
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Paul Devine Chad Bieren, P.E. a
Olympic Environmental Resources, Inc. City of Kent r
4715 SW Walker Street 220 Fourth Avenue South
Seattle, WA 98116 Kent, WA 98032 w
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(206) 938-8262 (telephone) (253) 856-5500 (telephone)
pauldevine@msn.com (email) publicworks@kentwa.gov (email)
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APPROVED AS TO FORM: N
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Kent Law Department
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ATTEST:
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Kent City Clerk o
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kb-1/5/2024 E
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GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 128
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DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
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The City of Kent (City) is committed to conform to Federal and State laws regarding equal o
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal 3
employment opportunity policies.
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The City of Kent and its contractors are subject to and will comply with the following: L
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
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• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Ga
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964); 0
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• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for EnforcementIq
of Title VI of the Civil Rights Act of 1964). co
• Ch. 49.60 RCW (Washington Law Against Discrimination)
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The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and N
Regulations". c
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The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, it will be considered a breach of contract and it will be at the City's sole determination N
regarding suspension or termination for all or part of the Agreement. N
The statements are as follows: i
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1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability. E
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3. During the time of this Agreement I, the prime contractor, will provide a written statement 5
to all new employees and subcontractors indicating commitment as an equal opportunity w
employer. Q
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4. During the time of the Agreement I, the prime contractor, will actively consider hiring and o
promotion of women and minorities.
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5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows: r
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EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 129
8.H.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted 2
programs through the Washington State Department of Transportation, and E
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they o
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract. 3
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B. Non-discrimination: The contractor, with regard to the work performed by it E
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of Q
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including •2
employment practices when the contract covers any activity, project, or program aD
set forth in Appendix B of 49 CFR Part 21. Gs
C. Solicitations for Subcontracts, Including Procurements of Materials and 0
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or aco
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
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D. Information and Reports: The contractor will provide all information and reports U)
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its w
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the o
Washington State Department of Transportation, as appropriate, and will set forth N
what efforts it has made to obtain the information.
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E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with 00
the non-discrimination provisions of this contract, the City will impose such contract W
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
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a. withholding payments to the contractor under the contract until the o
contractor complies; and/or w
b. cancelling, terminating, or suspending a contract, in whole or in part. 2
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F. Incorporation of Provisions: The contractor will include the provisions of —''
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paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and E
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of 2
Transportation may direct as a means of enforcing such provisions including Q
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 130
8.H.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States. 2
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6. During the performance of this contract, the contractor, for itself, its assignees, and o
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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Pertinent Non-Discriination Authorities: L m
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i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part L
21. cn
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose o
property has been acquired because of Federal or Federal-aid programs and 0
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination M
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, E
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), a
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as w
amended, (prohibits discrimination based on race, creed, color, national origin, or �+
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
N
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by N
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors, 2
whether such programs or activities are Federally funded or not); N
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private Zu
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation o
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regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) U
(prohibits discrimination on the basis of race, color, national origin, and sex); 0
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 2,
Populations and Low-Income Populations, which ensures Non-discrimination against o
minority populations by discouraging programs, policies, and activities with E
disproportionately high and adverse human health or environmental effects on u
minority and low-income populations; .2
EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 131
8.H.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons a
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 2�
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq). _
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xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) E
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7. The submission of the final invoice for this contract will constitute a reaffirmation that the Q
preceding statements were complied with during the course of the contract's performance.
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By signing below, I agree to fulfill the five requirements referenced above. in
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By: 0
For:
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Title:
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Date:
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EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 132
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CITY OF KENT
ADMINISTRATIVE POLICY
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NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
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SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
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APPROVED BY Dana Ralph, Mayor
POLICY:
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Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must
take the following affirmative steps: co
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
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2. Actively consider for promotion and advancement available minorities and women. N
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Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the w'
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance.
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Any contractor, subcontractor, consultant or supplier who willfully disregards the City's W
nondiscrimination and equal opportunity requirements shall be considered in breach of contract o
and subject to suspension or termination for all or part of the Agreement. N
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Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to coordinate with the City's Title VI coordinator, and perform the following o
duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity E
policy. o
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2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 133
Exhibit A
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Olympic Environmental Resources
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4715 SW Walker Street Seattle WA 98116 a'
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TeL 206 938-8262 Email.pauldevine@msn.com
December 15, 2023
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City Clerk's Office
City of Kent 0
220 Fourth Avenue South
Kent, WA 98032-5895
CID
RE: City of Kent 2024 Recycling Consultant Services
City of Kent City Clerk: E
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Olympic Environmental Resources (OER) is pleased to respond to the City of Kent Request for Consultant a
Services for limplementation of Kent Recycling Events in 2024. OER has direct experience managing Kent
waste reduction and recycling programs and has a clear understanding of City needs, programs, and the grant a
administration experience necessary to assist your City. OER also has the vendors and contacts in place to w'
implement programs immediately.
Since the early 1990s, OER's staff have been organizing and operating municipal collection events throughout
King County. This has included securing event sites for events, management of collection event vendors,
coordinating vendor insurance coverage's and hold harmless agreements to protect City clients, and preparing N
collection reports and reimbursement requests for the program grantors and cities. OER has extensive N
experience in coordinating collection and transport or recyclable and moderate risk waste. In
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It has become increasingly costly to host recycling events and vendors have been raising prices across the o
board. OER will try and work with vendors to keep costs as reasonable as possible but some increases are
outside of OER's control.
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Thank you for your consideration of OER's proposal. Please call (206) 938-8262 or email a
pauldevine@msn.com if you have questions. r_
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Respectfully,
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Paul M. Devine E
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General Manager p
Olympic Environmental Resources
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enclosures
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Packet Pg. 134
8.H.a
City of Kent 2024 Recycling Proposal for Recycling Events
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Prepared by Olympic Environmental Resources E,
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Olympic Environmental Resources (OER) specializes in solid waste and recycling services and provides J
service for many City recycling programs in the Puget Sound area. For many years, OER General Manager 3
Paul Devine coordinated the Kent spring, summer, and fall residential recycling collection events and provided
recycling grant administration and reporting. OER has a clear understanding of City of Kent needs, programs E
and grant administration and reporting functions and has spent years fostering relationships with program ;v
subcontractors. These relationships will support seamless management and implementation of Kent programs Q
in 2024. OER has the project staff and vendors in place to carry out immediate management and
implementation of Kent recycling events.
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Residential Recycling Collection Events Ga
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OER staff has successfully managed fifty-seven (57) recycling collection events in the City of Kent. From 1993 0
through 2023, these events provided recycling options to 47,967 Kent residents and resulted in the proper 0
recycling of 10,266,639 pounds of material diverted from the Kent waste stream.
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Qualifications of Project Staff
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Paul Devine will act as the Project Manager on the Kent Project. Paul is the General Manager/Owner of OER o
and has managed City of Kent Recycling Events in the past. Paul has extensive experience in solid waste and
recycling in both the public and private sectors. As Suburban City Recycling Coordinator, he designed and w
implemented a comprehensive Solid Waste Management Plan for the City of Normandy Park. Through his •2
work in the recycling industry he has developed good working relationships with area haulers, local recyclers E,
and state and local government officials. Paul has a clear understanding of the City of Kent programs. He has p
maintained all grant administration functions for all project work and has the vendors and contacts in place to
implement programs without interruption.
Paul graduated from Whitman College in 1984 and received a Master's of Public Administration from Seattle
University in 1990. Q
2024 OER Kent Recycling Proposal 2 December 15,2023
Packet Pg. 135
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Recycling Project Staffing and Management
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OER shall provide adequately-trained staff for all Kent Recycling Collection Events. OER staff is experienced
and familiar with these events and very customer-service oriented. A sufficient number of OER staff shall be
present to prevent traffic delays and to address participants' needs and questions. OER will provide each Kent E
event with the following staff:
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Project Manager to work with the City of Kent, provide contract management, supervise staff and oversee N
operations of the entire contract. The Project Manager shall ensure the contract is completed on schedule and
within budget. The Project Manager will also work at events as necessary. Paul Devine will act as the Project w'
Manager. Paul has successfully managed Kent Recycling Collection Events in the past. Paul is experienced in
all aspects of collection event management and has acted in every working capacity at events.
Event Coordinator to supervise staff and oversee operations of the entire event. The Event Coordinator shall
ensure that Site Entrance Greeters, Traffic Directors, other Event Staff are supervised throughout the day. N
Karl Ruediger, Daniel Devine, and Kellin Ramage will work for OER as Event Coordinators. Karl, Daniel, and N
Kellin have all worked at Kent events in the past on both residential and business events. All Event
Coordinators are experienced working with event subcontractors and implementing events. All are experienced WU
and skilled in assisting the event participants and providing information on reducing waste, reusing materials o
and recycling.
Site Entrance Greeters to screen vehicles for proper materials, answer questions about event procedures and r
direct participants to materials collection stations. Greeters shall distribute educational materials and
promotional items as requested by the City. Henry Rance, Zach Montejano, Hiatt Konen, and Lucy Giaccio E
have worked with OER for many years. All are experienced at greeting event participants, directing event °
traffic, providing educational materials, passing out promotional items and tallying the number of participants c
that attend the events. All are experienced and skilled at making participants feel welcome to events while W
giving event directions and relaying important safety information Q
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Traffic Staff to direct and control traffic. Ruben Moreno, Joe Grossi, and Immanuel Holder will work as traffic o
control staff for OER. All are experienced in working events and have worked with OER for a number of years.
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In addition to OER staff, event subcontractors provide staff to collect other materials such as motor oil,
batteries, tires, household goods, scrap metal and electronics.
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2024 OER Kent Recycling Proposal 3 December 15,2023
Packet Pg. 136
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Recycling-related Projects Completed for Other Agencies c�
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Olympic Environmental Resources specializes in solid waste and recycling services, recycling collection event 0°
management, environmental education programs and compost bin and rain barrel sale management. OER
staff has over thirty years of recycling collection event and recycling project management experience. In 2024-
25, OER staff will implement over one hundred (100) residential recycling collection events, paint recycling
events, and compost/worm bin and rain barrel sales.
OER has provided event management services for: N
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City of Algona City of Auburn City of Bellevue w
City of Black Diamond City of Burien City of Carnation
City of Covington City of Des Moines City of Duvall
City of Everett City of Enumclaw City of Issaquah
City of Kenmore City of Kent City of Lake Forest Park W
City of Maple Valley City of Mercer Island City of Newcastle N
City of Normandy Park City of Pacific City of Sammamish N
City of Tukwila
King County Solid Waste Division
Town of Skykomish
Washington Materials Management & Financing Authority
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2024 OER Kent Recycling Proposal 4 December 15,2023
Packet Pg. 137
8.H.a
Client References
Ms. Shellie Bates 2
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Program Supervisor E
City of Covington —>'
16720 SE 271st Street, Suite 100
Covington, WA 98042 3
(253) 480-2463
Email: sbates@covingtonwa.gov
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Ms. Cheri James
Administrative Assistant II Q
City of Auburn
P.O. Box 1300 i!
Auburn, WA 98019
(425) 788-1185 0a
Email: cheri.james@duvallwa.gov o
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Ms. Laura Techico, AICP
Principal Planner
City of Des Moines co
21630 11th Avenue South, Suite D
Des Moines, WA 98198-6398
(206) 870-6595
Email: Itechico@desmoineswa.gov
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2024 OER Kent Recycling Proposal 5 December 15,2023
Packet Pg. 138
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City of Kent 2024 Recycling Event Budget
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Three citywide Recycling Events to be held on or about March 2, 2024, June 8, 2024, and October 12, 2024. 21
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Hours will be 9 am to 3 pm. O
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City-wide residential recycling collection events-three 3
Spring Summer Fall c
Items Cost Items Cost Items Cost Total
Refrigerators-unit cost$35 each $3,200.00 Refrigerators $2,700.00 Refrigerators $3,800.00 $9,700.00 y
Air Conditioners-unit cost$35 each $1,680.00 Air Conditioners $1,300.00 Air Conditioners $3,200.00 $6,180.00 >v
Water Heaters-unit cost$5 each $150.00 Water Heaters $100.00 Water Heaters $100.00 $350.00
Mini Propane Tanks-unit cost$1 each $220.00 Mini Propane Tanks $220.00 Mini Propane Tanks $200.00 $640.00 Q
5-Gallon Propane Tanks-unit cost$10 e $400.00 5-Gallon Propane Tanl, $450.00 5-Gallon Propane Tar $650.00 $1,500.00 aNi
Toilets&Sinks-unit cost$25 each $1,200.00 Toilets&Sinks $2,000.00 Toilets&Sinks $1,500.00 $4,700.00 2
Mattresses-unit cost$35 each $8,000.00 Mattresses $8,500.00 Mattresses $8,500.00 $259000.00 m
Collection Services U)
Tires $2,500.00 Tires Not Acce ted Tires $2,500.00 $5,000.00 0a
Scrap Metal/Electronics $3,500.00 Scrap Metal/Electronic $3,500.00 Scrap Metal/Electrons $3,500.00 $10,500.00 N
Cardboard $400.00 Cardboard $400.00 Cardboard $400.00 $1,200.00
Styrofoam $1,250.00 Styrofoam $1,250.00 Styrofoam $1,250.00 $3,750.00 p
Bulky Wood $1,250.00 Bulky Wood $1,600.00 Bulky Wood Not Acce to $2,850.00 0
Concrete Not Acce to Concrete $3,500.00 Concrete $4,000.00 $79500.00
Paper Shredding $600.00 Paper Shredding $600.00 Paper Shredding $600.00 $1,800.00 Iq
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Batteries $2,000.00 Batteries $2,000.00 Batteries $3,000.00 $7,000.00 00
Textiles $0.00 Textiles $0.00 Textiles $0.00 $0.00
Paint Not Accepted Paint Not Accepted Paint Not Accepted $0.00
Management Services m
Event Staff $4,500.00 Event Staff $4,500.00 Event Staff $4,500.00 $139500.00 E
Event Management $9,800.00 Event Management $9,800.00 Event Management $9,800.00 $299400.00 y
Other
Rentals $0.00 Rentals $100.00 Rentals $0.00 $100.00 Q
Supplies $400.00 Supplies $500.00 Supplies $400.00 $1,300.00
Mileage $150.00 Mileage $175.00 Mileage $150.00 $475.00
Contingecy fee for unexpected cost $1,500.00 $1,500.00 $1,500.00 $4,500.00 W
Subtotal $429700.00 Subtotal $449695.00 Subtotal $499550.00
TOTAL I I I I 1 1 $136,945.00 c
Six Mini Recycling Events to be held on Fridays in the Spring, Summer, and Fall. Hours will be 9 am to noon or CD
1 pm to 4 pm.
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City Mini recycling collection events-six N
Items Cost Per Event Total for Six Events y
Collection Services
Scrap Metal/Electronics $500.00 $3,000.00 U
Paper Shredding $500.00 $3,000.00 0
Textiles $0.00 $0.00 rn
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Paint $0.00 $0.00 lY
Management Services
Event Staff $1,200.00 $79200.00
Event Management $3,900.00 $23,400.00
Other
Rentals $50.00 $300.00 p
Supplies $75.00 $450.00 •5
Mileage $70.00 $420.00 C
Continciecy fee for unexpected cost $250.00 $1,500.00 W
Subtotal $6,545.00 2
TOTAL $399270.00 0.
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TOTAL BUDGET: $176,215.00
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2024 OER Kent Recycling Proposal 6 December 15,2023
Packet Pg. 139
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Hourly Rates for Event Management and Staff
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Project Manager $80.00 0
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Recycling Specialist $65.00 3
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Recycling Event Staff $65.00
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City of Kent 2024 Recycling Proposal: Work Samples a
Recycling Collection Events OER managed work samples - available upon request.
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2024 OER Kent Recycling Proposal 7 December 15,2023
Packet Pg. 140
8.H.a
Exhibit B
Insurance Requirements E
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Insurance
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The Consultant shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to
property which may arise from or in connection with the performance of the
work hereunder by the Contractor, their agents, representatives, employees, N
or subcontractors.
A. Minimum Scope of Insurance
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Contractor shall obtain insurance of the types described below: g
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Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01 and shall cover co
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate a
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General >
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage. If a general U
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall o
be twice the required occurrence limit. N
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The Contractor may use Umbrella or Excess Policies to provide the
liability limits as required in this Agreement. This form of insurance will
be acceptable if all the Primary and Umbrella or Excess Policies shall
provide all the insurance coverages herein required. The Umbrella or
Excess policies shall be provided on a true "following form" or broader E
coverage basis, with coverage at least as broad as provided on the 0
underlying Commercial General Liability insurance.
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Automobile Liability insurance providing bodily injury and property 0.
damage liability coverage for all automobiles/vehicles used in the 21
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on ISO
form CA 00 01, or a substitute form providing equivalent liability
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Packet Pg. 141
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coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage. E
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Pollution Liability insurance applicable to the work being performed r
and from the operations of the Contractor doing work on behalf of the
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City.
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Workers' Compensation coverage for the employees of Contractor and !D,
subcontractors as required by the Industrial Insurance laws of the N
State of Washington.
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B. Minimum Amounts of Insurance U)
Contractor shall maintain the following insurance limits: $
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Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $2,000,000 general aggregate. M
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al. E
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000
Waiver of Subrogation a
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Automobile Liability insurance with a minimum combined single limit w
for bodily injury and property damage of $1,000,000 per occurrence.
Pollution Liability insurance shall be written with a limit no less than
$1,000,000 per claim or occurrence, and $2,000,000 aggregate per W
policy period of one (1) year. o
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If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City. The above policy
limits may be obtained with excess liability (umbrella) insurance. E
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C. Other Insurance Provisions
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The insurance policies are to contain, or be endorsed to contain, the 0
following provisions: 21
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1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in r
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Packet Pg. 142
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excess of the Contractor's insurance policies and shall not
contribute to the Contractor's insurance policies. E
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2. Contractor's insurer must deliver, or mail written notice of
cancellation to the named insured at least forty-five (45) days 3
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the
City with written notice of cancellation forty-five (45) days
before the effective date of the cancellation. If Contractor's N
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of i!
any cancellation, nonrenewal or termination within two (2)
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business days of their receipt of such notice.
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3. The City of Kent shall be named as an additional insured on all �?
policies (except Professional Liability) with respect to work Iq
performed by or on behalf of the Contractor and a copy of the CO
endorsement naming the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the
right to receive a certified copy of all required insurance policies.
The Contractor's Commercial General Liability insurance shall a
also contain a clause stating that coverage shall apply separately
to each insured against whom claims are made or suit is w
brought, except with respect to the limits of the insurer's
liability.
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D. Acceptability of Insurers
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Insurance is to be placed with insurers with a current A.M. Best rating of not N
less than A:VII.
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E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the E
additional insured endorsement, evidencing the insurance requirements of 0
the Contractor before commencement of the work. The City waives no
rights, and the Contractor is not excused from performance if Contractor
fails to provide the City with a copy of the endorsement naming the City as a 0.
Primary Non-Contributory Additional Insured. 21
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F. Subcontractors
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8.H.a
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. E
All coverage for subcontractors shall be subject to all the same insurance o
requirements as stated herein for the Contractor. r
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8.1
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Grant Acceptance - Department of Ecology NPDES Capacity
- Authorize
MOTION: I move to authorize the Mayor to accept grant funds from the
Washington State Department of Ecology in the amount of $130,000 to
help implement the National Pollutant Discharge Elimination System
Program, amend the budget, authorize expenditure of the grant funds, and
authorize the Mayor to sign the grant agreement, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The City is covered under the Western Washington Phase II Municipal
Stormwater Permit, a National Pollutant Discharge Elimination System (NPDES)
requirement under the federal Clean Water Act, administered by the Washington
State Department of Ecology. The permit allows the City to operate its stormwater
system, and to discharge to downstream water features, provided conditions of the
permit are met.
The City has been offered a $130,000 grant from the Department of Ecology Local
Government Stormwater Grants Program to assist in the implementation of NPDES
requirements. No match is required for this grant.
Grant funds can be used for labor and materials related to data collection, updating
stormwater regulations, source control, public education and outreach, illegal
discharges into the City's stormwater system, and other activities mandated by the
NPDES permit.
BUDGET IMPACT: The City will receive $130,000 from the Washington State
Department of Ecology.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 145
8.1
ATTACHMENTS:
1. Water Quality Stormwater Capacity Grant Agreement (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 146
DEPARTMENT OF
ECOLOGY
10100 State of Washington ,
Agreement No. WQSWCAP-2325-KentPW-00036
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WATER QUALITY STORMWATER CAPACITY AGREEMENT a
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This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and City of Kent,hereinafter referred to as the"RECIPIENT,"to carry out with the provided
funds activities described herein.
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GENERAL INFORMATION
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Project Title: 2023-2025 Biennial Stormwater Capacity Grants
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Total Cost: $130,000.00 E
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Total Eligible Cost: $130,000.00
Ecology Share: $130,000.00 a
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Recipient Share: $0.00 L
The Effective Date of this Agreement is: 07/01/2023
The Expiration Date of this Agreement is no later than: 03/31/2025
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Project Type: Capacity Grant
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Project Short Description: 3
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. E
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Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state m
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Packet Pg. 147
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
RECIPIENT INFORMATION
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Organization Name: City of Kent V
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Federal Tax ID: 91-6001254 0
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Kent,WA 98032 w
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Organization Email: pwengineering@kentwa.gov
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Template Version 12/10/2020
Packet Pg. 148
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
Laura Haren
Project Manager
Environmental Conservation Analyst
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Dana L Ralph Iq
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
ECOLOGY INFORMATION
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Mailing Address: Department of Ecology V
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PO BOX 47600 0
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Olympia,WA 98504-7600 z
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Lacey,WA 98503 0
Contacts
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Email: kygr461@ecy.wa.gov Q
Phone: (360)628-3890
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Email: kygr461@ecy.wa.gov a
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
AUTHORIZING SIGNATURES
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RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services, and otherwise do all things necessary w
for or incidental to the performance of work as set forth in this Agreement. a
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RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions o
of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws, �°
statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, —
and accepts all requirements contained within this Agreement. _
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This Agreement contains the entire understanding between the parties,and there are no other understandings or representations a
other than as set forth, or incorporated by reference,herein.
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No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by a
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authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and Q-
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RECIPIENT may change their respective staff contacts without the concurrence of either party. a
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This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
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The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
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organizations to this Agreement.
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Washington State City of Kent (�
Department of Ecology r
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By: By:
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Vincent McGowan,P.E. Date Dana L Ralph Date c
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Water Quality Mayor rn
Program Manager
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
SCOPE OF WORK
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Task Number: 1 Task Cost: $5,000.00 �j
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Task Title: Project Administration/Management a
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Task Description: 0
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. `°
Responsibilities include,but are not limited to: Maintenance of project records; submittal of requests for reimbursement and —
corresponding backup documentation;progress reports; and the EAGL(Ecology Administration of Grants and Loans)
recipient closeout report(including photos,if applicable). In the event that the RECIPIENT elects to use a contractor to E
complete project elements,the RECIPIENT shall retain responsibility for the oversight and management of this funding a
agreement. p
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B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, r_
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contracting, and interlocal agreement requirements;permitting requirements,including application for,receipt of, and
compliance with all required permits,licenses,easements,or property rights necessary for the project; and submittal of required Q
performance items. This documentation shall be available upon request.
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C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information
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in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this 00
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agreement.
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Task Goal Statement:
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Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements. Q
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* Timely and complete submittal of requests for reimbursement,quarterly progress reports,and Recipient Closeout Report. >,
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Number Description Due Date
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1.1 Progress Reports that include descriptions of work accomplished,project +;
challenges or changes in the project schedule. Submitted at least quarterly.
1.2 Recipient Closeout Report(EAGL Form).
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Template Version 12/10/2020
Packet Pg. 152
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
SCOPE OF WORK
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Task Number: 2 Task Cost: $125,000.00 �j
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Task Title: Permit Implementation a
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Task Description: o
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) w
permit requirements. If the RECIPIENT is out of compliance with the Municipal Stormwater National Pollutant Discharge —
Elimination System(NPDES)permit,the RECIPIENT will use funds to attain compliance where applicable. The following is a m
list of elements projects may include: E
1) Public education and outreach activities, including stewardship activities. a
2) Public involvement and participation activities. p
3) Illicit discharge detection and elimination(IDDE)program activities, including:
a) Mapping of municipal separate storm sewer systems(MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges. Q
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements. L
4) Activities to support programs to control runoff from new development,redevelopment,and construction sites,including:
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a) Development of an ordinance and associated technical manual or update of applicable codes. 00
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b) Inspections before,during,and upon completion of construction, or for post-construction long-term maintenance.
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c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention,good housekeeping,and operation and maintenance program activities, such as: Q
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies,procedures,or stormwater
pollution prevention plans at municipal properties or facilities. r
6) Annual reporting activities.
7) Establishing and refining stormwater utilities,including stable rate structures. v
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (Total Maximum Daily Load
(TMDL)). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) M
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that ECOLOGY approves prior to awarding funding for monitoring.Monitoring must directly meet a Phase I or II permit E
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requirement. N
9) Structural stormwater controls program activities(Phase I permit requirement).
10) Source control for existing development(Phase I permit requirement), including:
a) Inventory and inspection program. CY
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b) Technical assistance and enforcement. W
c) Staff training.
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11) Equipment purchases that result directly in improved permit compliance.Equipment purchases must be specific to
implementing a permit requirement(such as a vactor truck)rather than general use(such as a pick-up truck).Equipment E
purchases over$5,000.00 must be pre-approved by ECOLOGY.
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Template Version 12/10/2020
Packet Pg. 153
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
Documentation of all tasks completed is required. Documentation may include field reports,dates and number of inspections
conducted,dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of
planning, stormwater utility or procedural updates,annual reports, copies of approved QAPPs, summaries of structural or V
source control activities, summaries of how equipment purchases have increased or improved permit compliance. y
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Ineligible expenses include capital construction projects,incentives or give-a-ways, grant application preparation, Technology z
Assessment Protocol-Ecology(TAPE)review for proprietary treatment systems,or tasks that do not support Municipal c
Stormwater Permit implementation. 0
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Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes,
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streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. -
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Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and 11 NPDES permits. c
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Permit Implementation
Deliverables
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Number Description Due Date
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2.1 Documentation of tasks completed
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
BUDGET
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Funding Distribution EG240269 y
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NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment Z
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple c
funding distribution numbers to identify each budget. 0
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Funding Title: 2023-25 Stormwater Capacity Grant Funding Type: Grant
Funding Effective Date: 07/01/2023 Funding Expiration Date: 03/31/2025
Funding Source:
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Title: Model Toxics Control Stormwater Account(MTCSA) o
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Fund: FD
Type: State
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Funding Source%: 100% Q
Description: MTCSA L
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Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match%: 0% E
InKind Interlocal Allowed: No
InKind Other Allowed: No a
Is this Funding Distribution used to match a federal grant? No L
2023-25 Stormwater Capacity Grant Task Total
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Grant and Loan Administration $ 5,000.00 �j
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Permit Implementation $ 125,000.00 3
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Total: $ 130,000.00
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State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
Funding Distribution Summary
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Recipient/Ecology Share M
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Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total a
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2023-25 Stormwater Capacity 0.00 % $ 0.00 $ 130,000.00 $ 130,000.(
Grant
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AGREEMENT SPECIFIC TERMS AND CONDITIONS E
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SPECIAL TERMS AND CONDITIONS a
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GENERAL FEDERAL CONDITIONS
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If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is M
used to match a federal grant award,the following terms and conditions apply to you.
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A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION: a
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1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,proposed for
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debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving c9
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements r
contained in the certification,they must provide an explanation as to why they cannot. a
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2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the V
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RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances. 3
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3. The terms covered transaction,debarred, suspended, ineligible, lower tier covered transaction,participant,person, `o
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set rn
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations. C3
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a °r
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred suspended,
p p p pp � g p ,
declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled E
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"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
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EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered Q
transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
Template Version 12/10/2020
Packet Pg. 156
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies, including v
suspension and debarment. y
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or C
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contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for z
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in t
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance. 0
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B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the -
signed agreement to ECOLOGY.
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Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five c
top executives using the FFATA Data Collection Form. Q.
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Receives more than$30,000 in federal funds under this award. a
Receives more than 80 percent of its annual gross revenues from federal funds. L
Receives more than$25,000,000 in annual federal funds.
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Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in c
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www.sam.-og v<http://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to E
the public at www.usaspending.gov<http://www.usaspending_gov/>.
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C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
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loan or grant funds to: 3
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2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use CY
covered telecommunications equipment,video surveillance services or services as a substantial or essential component a;
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of any system, or as critical technology as part of any system.As described in Public Law 115-232
<hgps://www. ovg info.gov/content/pkiz/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889,covered
telecommunications equipment is telecommunications equipment roduced by Huawei Technologies Company or ZTE Em
Corporation(or any subsidiary or affiliate of such entities).
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Recipients, subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment, systems,or
services,including equipment, systems,or services produced or provided by entities identified in section 889, are recorded in
Template Version 12/10/2020
Packet Pg. 157
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list.
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State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
GENERAL TERMS AND CONDITIONS
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Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology �j
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GENERAL TERMS AND CONDITIONS a
For DEPARTMENT OF ECOLOGY GRANTS and LOANS Z
07/01/2023 Version o
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1. ADMINISTRATIVE REQUIREMENTS —
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." m
(https:Hfortress.wa.gov/ecy/publications/SummaryPages/2301002.html) E
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all a
funds and resources made available under this Agreement. o
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and Q
character of all work and services.
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2. AMENDMENTS AND MODIFICATIONS
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This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent 00
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modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
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representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative E
information without the concurrence of either party.
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3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188,
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all r
products supplied under the Agreement,providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic v
documents intended for publishing on Ecology's public web site.
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4. ARCHAEOLOGICAL AND CULTURAL RESOURCES E
RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic °
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archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby _
referred to as Cultural Resources. CY
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The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. 2
RECIPIENT shall:
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a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed E
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
*For state funded construction,demolition, or land acquisitions,comply with Governor Executive Order 21-02,Archaeological Q
and Cultural Resources.
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Packet Pg. 159
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form. v
RECIPIENT shall: y
• Keep the IDP at the project site. C
a
• Make the IDP readily available to anyone working at the project site. z
• Discuss the IDP with staff,volunteers, and contractors working at the project site. c
• Implement the IDP when Cultural Resources or human remains are found at the project site. 0
c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project UJ
0
IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic
E
Preservation at(360) 586-3065, any affected Tribe, and the local government. -
d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project a)
IDP.
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• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the c
Department of Archaeology and Historic Preservation at(360)790-1633, and then the ECOLOGY Program. Q.
e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645,and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains. a
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5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. Iq
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6. COMMUNICATION c
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RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all E
affected local, state, or federal jurisdictions, and any interested individuals or groups.
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7. COMPENSATION
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a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with V
L
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. W
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. 3
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e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting o
documentation. ECOLOGY will provide instructions for submitting payment requests. rn
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. CY
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 ai
form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
M
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to E
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has Q
been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
Template Version 12/10/2020
Packet Pg. 160
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance,and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
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8. COMPLIANCE WITH ALL LAWS y
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations, and permits related to C
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this Agreement, including but not limited to: Z
a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of c
Washington which affect wages and job safety. 0
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination. 4-
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the -
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
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comply with above requirements. c
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to Q.
conform to that statute or rule of law.
Q
9. CONFLICT OF INTEREST L
RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor Iq
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affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds
thereof. c
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10. CONTRACTING FOR GOODS AND SERVICES
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RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award a
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all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services
L
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be 0
required to provide written certification that they have followed their standard procurement procedures and applicable state law v
L
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement 3
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practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state o
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. rn
11. DISPUTES CY
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the a)
determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for
below: r
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a) RECIPIENT notifies the funding program of an appeal request. E
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. Q
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review.
Template Version 12/10/2020
Packet Pg. 161
State of Washington Department of Ecology
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive. v
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. y
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision G
a
will not be taken to Environmental and Land Use Hearings Office. z
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in t
accordance with the decision rendered. 0
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the 4-
dispute resolution procedure outlined above.
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12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
m
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: c
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA) Q.
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 a
(Ecology Publication No. 04-03-030). L
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Iq
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Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: c
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http://www.ecy.wa.gov/eim. E
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and
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processed. Guidelines for Creating and Accessing GIS Data are available at: a
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https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when
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requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection files,map products,and all metadata and project documentation.
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13. GOVERNING LAW v
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This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be a)
in the Superior Court of Thurston County. 3
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14. INDEMNIFICATION rn
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work. CY
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other ;
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harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that parry's agents or employees arising out of this Agreement.
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15. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be Q
employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other
party.
Template Version 12/10/2020
Packet Pg. 162
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up V
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in return for award y
LU
of a subcontract hereunder. C
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17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) c
RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned 6
(WBE)businesses in purchases and contracts initiated under this Agreement. LU
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
take the following actions,when possible, in any procurement under this Agreement:
E
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or _
a
services. m
b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation
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by qualified minority and women's businesses. c
c Establish deliveryschedules where work requirements permit,which will encourage participation of qualified minority and
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women's businesses.
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d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) a
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. L
18. ORDER OF PRECEDENCE Iq
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In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of c
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Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the E
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g) T
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General Terms and Conditions. a
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19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to V
L
d
production and distribution. W
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. 3
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c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products o
developed. rn
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos,audio
topes CDs curriculum,posters media announcements or gadgets with a message, such as a refrigerator magnet,and any CY
online communications, such as web pages,blogs, and twitter campaigns. If it is not practical to provide a copy,then the +;
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RECIPIENT shall provide a description(photographs, drawings,printouts, etc.)that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact E
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. Q
20. PROGRESS REPORTING
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Packet Pg. 163
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds. v
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a y
progress report. ECOLOGY will define the elements and frequency of progress reports. C
a
c) RECIPIENT shall use ECOLOGY's provided progress report format. z
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through c
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the 0
quarter being reported. 4-
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding program guidelines.
E
RECIPIENT shall use the ECOLOGY provided closeout report format. -
21. PROPERTY RIGHTS m
0
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
m
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property, and to authorize others to a
use the same for federal, state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; a
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data L
in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic Iq
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materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. c
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d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants E
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
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furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific a
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instructions with respect thereto in this Agreement.
L
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property. V
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f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities: 3
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1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this o
Agreement. rn
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and CY
attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended b, +;
this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally E
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Q
Agreement bear to the total acquisition,purchase,or construction costs of such property.
Template Version 12/10/2020
Packet Pg. 164
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
22. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
documentation and field inspection reports of all construction work accomplished. v
All records shall: LU
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a) Be kept in a manner which provides an audit trail for all expenditures. C
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b) Be kept in a common file to facilitate audits and inspections. z
c) Clearly indicate total receipts and expenditures related to this Agreement. t
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, 0
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. LU
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records. m
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ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. o
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
m
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for a
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in a
order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. L
23. RECOVERY OF FUNDS Iq
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The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work. c
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All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or E
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. a
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RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
L
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. v
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24. SEVERABILITY 3
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If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such o
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to rn
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA) CY
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental a)
Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to
this provision.
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26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any Q
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
Template Version 12/10/2020
Packet Pg. 165
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement V
sustainable practices and to purchase environmentally preferable products under this Agreement. y
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact C
a
meetings,and setting up recycling and composting programs. z
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and t
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced 6
packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free 4-
0
products. _
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. _
a
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28. TERMINATION
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a) For Cause c
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the Q.
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs a
incurred in accordance with the terms of this Agreement prior to the effective date of termination. L
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work 0
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in �
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writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the c
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RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of m
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,
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terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. a
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Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
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and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
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determined. 0-
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b) For Convenience W
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this o
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the rn
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding Cy
from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the ;
completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may E
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide r
notice. }'
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In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
Template Version 12/10/2020
Packet Pg. 166
State of Washington Department of Ecology 81a
Agreement No: WQSWCAP-2325-KentPW-00036
Project Title: 2023-2025 Biennial Stormwater Capacity Grants
Recipient Name: City of Kent
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination. V
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of (n
funds by the RECIPIENT's governing body. C
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c) By Mutual Agreement c
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement. 0
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d) In Event of Termination
All finished or unfinished documents, data studies, surveys,drawings,maps,models,photographs,reports or other materials
E
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the -
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
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Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in c
accordance with Recovery of Funds,identified herein. Q.
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RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of L
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
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Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will c
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not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized E
representative of ECOLOGY.
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8.J
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: 2024 Sub-Regional Opportunity Fund - Earthworks Canyon
Sediment Pond Culvert Replacement — Authorize
MOTION: I move to authorize the Mayor to sign all documents necessary to
accept funds from the King County Flood Control District Sub-Regional
Opportunity Fund, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
SUMMARY: The King County Flood Control District (District) collects an annual levy
from properties within King County. Through the District's Sub-Regional
Opportunity Fund, ten percent of the levy collected within each jurisdiction is
granted back to the jurisdiction to be used for stormwater or habitat projects to
reduce flood risks.
The District's annual reimbursement to Kent for 2024 is $213,858 and was
approved to fund the planning, preliminary design, and scoping of a drainage
culvert replacement project at the Earthworks Canyon Sediment Pond.
The project will include preliminary design and analysis to replace two undersized
culverts with a larger and more robust culvert for improved flood storage, drainage
conveyance, and fish passage. Replacement of these culverts is critical for
continued maintenance access to the sediment pond and for continued trail access
through Mill Creek Canyon and Earthworks Park.
BUDGET IMPACT: No unbudgeted impact.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thrivinq City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Earthworks Sediment Pond Culvert Replacement Application (PDF)
2. FCD 2023-10 Appendix G_2024AIlocations (PDF)
Packet Pg. 168
8.J
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 169
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Melissa Dahl City of Kent,Public Works
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Earthworks Sediment Pond Culvert Replacement
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2024 Su,bregional Opportunity Fund Y
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City of Kent, Public Works W
Dana Ralph MDahl@Kentwa.gov
200 West Gowe Street 0: 253-856-5500 ;,
Kent,WA 98032 c
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Melissa Dahl 0
400 West Gowe Street MDahl@Kentwa.gov c
Kent,WA 98032 0: 253-856-6511
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Application Form
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Jurisdiction Information
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City/Town Name*
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Name of Project. Q-
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Earthworks Sediment Pond Culvert Replacement 0
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New Project or Adding to Previous Project* W
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Project Information
Short Description of Proposed Project* 0-
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Planning and preliminary design effort for replacement of 2 existing side by side undersized and failing Q
culverts at Earthworks Park.
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Estimated Project Start Date* �.
01/01/2024
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Estimated Project End Date*
12/31/2026
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Feasibility Study Y
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Proposed Project Location and Related Body of Water (if applicable)*
Proposed project takes place along Mill Creek as it transitions into the lower Mill Creek sub-basin in the E
Green River Valley.The project location is a dual culvert crossing in Earthworks Park.
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Melissa Dahl City of Kent,Public Works
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Flooding, stormwater, or watershed management problem that project or activity Y
will address.* LO
The existing culverts are two CMP culverts that convey Mill Creek.The culverts are beginning to fail.This
would impede fish access in the creek,limit public access to the Park and maintenance access to the nearby
sedimentation pond. w
How will proposed activity address problem outlined in previous question* r
Replacing undersized and dilapidated culverts is an expensive effort,however scoping and early design
support will allow for the City to pursue future funding opportunities for the full project. o
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Check one or more of following eligibility criteria that apply to the project:*
Flood control improvements consistent with existing flood control comprehensive plan.
Stormwater control improvements consistent with existing stormwater control comprehensive plan.
Salmon habitat protection that demonstrates a link to flooding or stormwater benefits.
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Name the management plan (e.g., stormwater plan) that supports N
implementation of the project.*
Note that the project does not need to be specifically names in the management plan, but the project must be M
consistent with the plan. .,
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City of Kent Drainage Master Plan (2008) O
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Scope Activities and Timeline
Use up to six tasks to provide the scope of work for your project. The task descriptions should briefly summarize
the activities planned. The timeline is intended to be your best guess for when the task will be completed. It is not
intended to be a contractual deadline.
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will also include preparation of progress report writing and administrative work regarding management and
administration of the fund.
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Task 1 Outcome/Deliverables
Progress reports,invoicing,selection and management of consultants and contract preparation.Fund w
management and administration. :.;
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Melissa Dahl City of Kent, Public Works
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Task 1 Timeline - Estimated Month and Year Task Will Be Completed
12/31/2026
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Task 2 Title
Preliminary design and planning
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Task 2 Description/Activities LL
Preliminary design of culvert replacement with a fish passable bridge structure including cost estimates, r
geotechnical reporting,environmental reports,and other necessary documentation to support future project
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Task 2 Outcome/Deliverables
Preparation of preliminary designs,preliminary construction cost estimate,geotechnical report, c
environmental reports (specified reports to be determined).
Task 2 Timeline - Estimated Month and Year Task Will Be Completed N
12/31/2026 N
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Task 3 Title °
Task 3 Description/Activities
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Task 3 Timeline - Estimated Month and Year Task Will Be Completed
Task 4 Title w
Task 4 Description/Activities
Task 4 Outcome/Deliverables
Task 4 Timeline - Estimated Month and Year Task Will Be Completed r
Task 5 Title
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Task 5 Timeline - Estimated Month and Year Task Will Be Completed c
Task 6 Title
Task 6 Description/Activities 3
Task 6 Outcome/Deliverables
Task 6 Timeline - Estimated Month and Year Task Will Be Completed N
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Budget Information
Total Amount of Request from SRO Funds*
This should match the total of the dollars shown in the budget table below. 2
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$213,858.00
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Project Budget
Enter the task number and name in column 1 e. Task 1: Project Management)and the dollar amount you are f°
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requesting for that task from the Opportunity Fund in column 2. Only use the rows you need for the tasks you are °'
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Task Number and Title Amount Requested for Task U
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Task 1: Project Management $25,000.00 c
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Task 2: Preliminary Design and Planning $188,858.00
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Authorizing Entity
When submitted by the City/Town and adopted by the King County Flood Control District(District) Board of o
Supervisors,this Scope of Work is to be added to the Interlocal Agreement between the District and the applicable a
City/Town and incorporated therein and made a part thereof according to the terms and conditions of the 0
Interlocal Agreement.
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Authorizing Entity for City or Town*
Enter the name and title of the person authorizing this application. This must be someone at your organization
who is authorized to sign agreements.
Chad Bieren
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CBieren@kentwa.gov o
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Melissa Dahl City of Kent,Public Works
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King County Flood Control District
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2024 Subregional Opportunity Fund Allocations °a
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11/9/2023 E
Opportunity
Project Name Project Description
Jurisdiction
Fund Allocation C
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Algona $10,000 DEFERRED
Auburn $102,288 DEFERRED O
Beaux Arts $10,000 DEFERRED C)
Bellevue $682,166 Factoria Boulevard Storm Conveyance Y
Improvements Amendment to add dollars to existing project that will improve stormwater conveyance along Factoriz Boulevard L
Black Diamond $14,344 DEFERRED O
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1. Parr Creek 195th Fish Passage&Channel
Bothell $68,010 Restoration Conceptual Design 2. Parr Creek 1 Conceptual design of storms stem and natural area downstream to improve sediment transport and fish passage within Parr Creek,and reduce flooding of surrounding public roads and private O
Invasive Removal and Replanting p g y P P P 9 9 9 P P
business park. 2. Remove invasive reed canarygrass,old beaver dams,and replant stream banks to address ongoing sediment deposition and flooding of surrounding business park. LIJ
Burien $71,977 Boulevard Park Flood Reduction Project design and land acquisition for stormwater conveyance improvements to alleviate flooding affecting 2-6 properties within Burien. '
Purchase Vactor Truck and Conduct Stormwater
Carnation $10,000 M
Cleanout Purchase vector truck and use it to clean out catch basins and other stormwater infrastructure. O
Clyde Hill $33,117 Comprehensive Stormwater Plan Update Update the Comprehensive Stormwater Plan for Clyde Hill. LL
Covington $31,359 DEFERRED
Des Moines $42,737 DEFERRED E
Duvall $17,675 DEFERRED 3
Enumclaw $18,461 DEFERRED 0
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Federal Way $118,888 Redondo Creek Culvert Replacement Replace two existing 30"failing pipe culverts conveying Redondo Creek beneath a utility access road with a new box culvert meeting current fish passage design standards. a
Hunts Point $13,290 DEFERRED rL
Issaquah $123,591 DEFERRED O
Kenmore $57,229 DEFERRED
Kent $213,858 Earthworks Sediment Pond Culvert Replacement 2
Planning and preliminary design effort for replacement of 2 existing side by side undersized and failing culverts at Earthworks Park. Ilm
1. Flood Hazard Management Planning, 2. d
King County $557,259 White Center Ponds Redesign,3.CMAC Retrofit 1. Conduct technical analyses,risk assessments,stakeholder engagement,and develop a draft flood hazard management plan;may include work on the EIS;2.Construct a stormwater facility retrofit to w
in Bingaman Creek Watershed,4.Identifying improve a multi-benefit stormwater park in a historically underserved community; 3.Retrofit stormwater facility in Bear Creek Basin with continuous monitoring and active controls(CMAC);4. Identify J]
Potentially Restorable Wetlands locations where wetland restoration could be undertaken to increase flood storage and attenuation,improve water quality and improve habitat.
Kirkland $338,230 1.98th Ave NE&NE Juanita Drive Flooding 1.Assess the existing storm system capacity,flooding issues,and future storm system capacity for climate change through hydraulic modeling of the stormwater system in a subbasin of South Slope
Study; 2.100th Ave NE Water Quality Treatment Juanita Watershed; 2.Add water quality treatment near intersection of Simonds Rd and 100th Ave NE. O
Lake Forest Park $34,796 DEFERRED N
Maple Valley $48,757 Witte Road Driveway Culvert Replacement Removal and replacement of three deteriorating and undersized driveway culverts on South Fork Jenkins Creek that are causing upstream flooding,creating fish passage barriers,and causing unsafe
access to properties. Iq
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Medina $50,774 Medina Park Stormwater Pond Improvements Amendment adding budget to complete permitting,removing organic sediment,and installing outlet control device in upper pond.
1.Luther Burbank Waterefront Drainage LID fA
Mercer Island $157,951 Construction;2.Luther Burbank Waterfront r_
Drainage LID Design 1. Design an LID system for surface&subsurface water at the Luther Burbank waterfront in coordination with recreational improvements planned for the site. 2.Construct the project. 0
Milton $10,000 DEFERRED C
S-038 Stormwater Conveyance Rehabilitation V
Newcastle $41,780 Program Restore pipes with the worst structural rating scores.Pipes will be replaced using traditional trenching techniques,The City is planning to restore 500-1,500 linear feet of stormwater a in 2024.
9 PP 9 P P 9 9 q tY P 9 PP
Normand Park $16,712 DEFERRED
North Bend $20,158 DEFERRED N
Pacific $10,000 DEFERRED C
Redmond $251,488 Evans Creek Relocation Relocate Reach 2 of Evans Creek out of an industrial area and into adjacent floodplain wetlands. NI
Renton $194,950 Burnett Ave S.&Williams Ave S.Water Quality Replace existing storm systems and add water quality retrofits to alleviate known capacity and flooding issues and treat runoff along Burnett Ave S and Williams Ave S between S 2nd St and the Cedar V'Retrofit River. X_
Sammamish $248,600 DEFERRED 'a3
SeaTac $38,678 DEFERRED
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Seattle $2,095,634 Tolt Spillway Improvements Develop options and select a preferred option to address structural and capacity concerns related to the South Fork Tolt River Dam Spillway. O_
Shoreline $112,678 Pump Station 30 Improvements Design replacement of an aging pump station in need of significant improvements to avoid failure. Q
Sk komish $10,000 DEFERRED Q
Sno ualmie $36,250 DEFERRED
Tukwila $56,598 S.131st Place Drainage Improvements This will add additional funds to an existing project to design drainage improvements to S.131st Place to keep Southgate Creek within its banks during storm events. A
Woodinville $44,207 DEFERRED N
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Yarrow Point $15,933 DEFERRED N
Jurisdiction Totals $6,030,423 a
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Deferrals 926,308 LL
Projects 5,104,115
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8.K
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Termination of Easements and Acceptance of New Water
Utility Easements — Authorize
MOTION: I move to authorize the Mayor to sign all documents necessary to
terminate existing easements and to accept new water utility easements in
exchange, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The City has an access easement on private property located in
Covington on King County Tax Parcels 362205-9002 and 362205-9104 ("Property").
The access easement was granted in 1946 under King County Recorder's No.
3639447, then clarified in 1964 by King County Recorder's No. 5499243
(collectively "Access Easement"). The Property is located on S.E. Wax Road and is
adjacent to the City's Armstrong Springs property. A fence and gate easement was
later granted to the City in 1993 over the same parcels under King County
Recorder's No. 9207121585 ("Fence and Gate Easement").
City staff only uses a small portion of the Access Easement to access stream
monitoring equipment in Jenkins Creek from the adjacent City-owned property
(parcel 362205-9152) and no longer needs the Fence and Gate Easement.
The owner of the Property has requested that the City terminate the Access
Easement and the Fence and Gate Easement so they can develop a portion of the
Property.
The City has agreed to terminate the old easements, in exchange for the Property
owner granting the City a new smaller Access and Utility Easement allowing staff to
continue to access and upgrade water monitoring equipment from the adjacent
City-owned property.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 178
8.K
ATTACHMENTS:
1. SIGNED Nihaal Enterprises Easement Docs to the City of Kent (PDF)
2. Termination of Easements (PDF)
01/16/24 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 2/6/2024
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Michaud, Troutner
Packet Pg. 179
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WHEN RECORDED RETURN TO:
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City of Kent
220 Fourth Avenue South Q.
Kent, Washington 98032
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Grantor: Nihaal Enterprises LLC
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Grantee: City of Kent
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Abbreviated Legal Description: Ptn. NW 1/4 NE 1/4 Sec. 36, Twp 22N, Rg 5E c
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Additional Legal Description on: Exhibit "A"
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Assessor's Tax Parcel ID No. 362205-9002, 362205-9104 STR: 36-22-05
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ACCESS AND UTILITIES EASEMENT .�
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Nihaal Enterprises LLC, a Washington limited liability company ("Grantor"), for c
and in consideration of Ten Dollars and No/100 ($10.00) and/or other valuable
consideration, receipt of which is hereby acknowledged, grants to City of Kent, a 0
Washington municipal corporation ("Grantee" or "City"), its successors and/or (D
assigns, a perpetual easement to access staff gauge monitoring equipment with S
necessary appurtenances and other related utilities, including use of incidental areas U)
immediately adjacent over, through, under, across and upon the property situated in o
King County, Washington, specifically described in Exhibit "A" and graphically a
depicted in Exhibit "B" (the "Easement Area"). Grantor agrees that this easement
touches and concerns the land described in Exhibit A, and that this easement shall y
run with the land. w
City shall have the right at times as may be necessary, without prior institution y
of suit or proceeding at law, to enter the Easement Area and immediate adjacent a
areas with the necessary equipment for the purposes of altering, installation,
operation, maintenance, extending, constructing, repair and reconstructing of the w
staff gauge monitoring equipment and other related utilities, without incurring any
legal obligation or liability; provided however that the private improvements existing z
within this Easement Area, including immediately adjacent incidental areas, shall not o
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be disturbed, destroyed or disrupted in any form or fashion, or in the event they are z
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disturbed or destroyed, they will be restored to substantially the same condition as
they were immediately before the properties were entered upon by the City.
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Grantor shall retain the right to use the surface of the Easement Area, 0
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including the incidental areas, so long as Grantor's use does not interfere with the c
uses described herein. Under no circumstances shall any permanent structures be Q
placed or erected in the Easement Area. W
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Grantor shall not change the surface grades, except as approved in advance by
the City, in any manner that would unreasonably interfere with ingress, egress and
access by the City or adversely affect the existing utility and/or the utility to be
installed therein. E
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City shall at all times exercise its rights under this easement in accordance with w
the requirements of all applicable statutes, orders, rules and regulations of any public c
authority having jurisdiction. City accepts the Easement Area in its present physical o
condition, AS IS. City does hereby release, indemnify, and promise to defend and
save harmless Grantor from and against any and all liability, loss, damage, expense,
actions and claims, including costs and reasonable attorney's fees incurred by Grantor E
in connection therewith, arising directly or indirectly on account of or out of the
negligent exercise by City, its servants, agents, employees and contractors of the o
rights granted in this easement. °;
This easement shall be a covenant running with the land forever and shall be Y
binding on Grantor's successors, heirs, and assigns.
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GRANTOR: v
Nihaal Enterprises LLC W
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By: 0
Name:
Title: PRE51--bfn7-,
Date: /2122. 20 2.3 E
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STATE OF WASHINGTON )
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COUNTY OF KING ) Z
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I certify that I know or have satisfactory evidence that 14A?,Bt 41m #is the c
person who appeared before me, and said person acknowledged that they signed this Q.
instrument, on oath stated that they are authorized to execute the instrument and
acknowledged it as the PRES13)EN'r of Nihaal Enterprises LLC, a Washington limited Q
liability company, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:— )2. Q)
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-Notary Seal Must Appear Within This Box- lL
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day r-
and year first above written.
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(Signature) 00
NOTARY PUBLIC, in and for the State
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ACCEPTED:
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CITY OF KENT
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By: Dana Ralph
Title: Mayor w
Date:
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EXHIBIT A
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20'WIDE INGRESS, EGRESS& UTILITIES EASEMENT Z
LEGAL DESCRIPTION
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THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, a
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., BEING A 20-FOOT-WIDE STRIP OF LAND HAVING 10 FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE.: Q
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COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE SOUTH 00°18'48" EAST 1025.01 FEET ALONG THE EAST LINE THEREOF TO THE POINT OF (D
BEGINNING; N
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THENCE NORTH 40°39'03" WEST 35.65 FEET TO A POINT ON A CURVE TO THE RIGHT HAVING A RADIUS --
OF 4753.04 FEET; o
THENCE CONTINUING ALONG SAID CURVE AN ARC DISTANCE OF 111.51 FEET THROUGH A CENTRAL
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ANGLE OF 01°20'39"TO THE TERMINUS OF SAID EASEMENT CENTERLINE; E
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SITUATE IN THE CITY OF COVINGTON, COUNTY OF KING AND STATE OF WASHINGTON.
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(THE SIDE LINES OF SAID EASEMENT ARE INTENDED TO EXTEND TO AND TERMINATE AT THE EAST LINE
OF SAID SUBDIVISION).
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NE CORNER OF
NE 1/4 SEC. 36-22-5 Z
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SCALE: 1"=100'
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WHEN RECORDED RETURN TO:
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City of Kent 0
220 Fourth Avenue South a
Kent, Washington 98032
Attn: City Clerk
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Reference Number of Related Documents: 3639447, 5499243 and 9307121585
Grantor(s): City of Kent
Grantee(s): The Public
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Abbreviated Legal Description: Ptn. NW 1/4 NE 1/4 Sec. 36, Twp 22N, Rg 5E, W.M. z
Additional Legal Description on: Exhibit A a)
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Assessor's Tax Parcel Nos.: 362205-9002, 362205-9104 STR: 36-22-05
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TERMINATION OF EASEMENTS a
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In consideration of mutual benefits derived, the City of Kent, a municipal
corporation, hereby terminates the easements recorded under King County Auditor's
File #3639447, 5499243 and 9307121585, and hereby releases and relinquishes all 0
rights under the easements. w
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Dated: , 2024. o
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CITY OF KENT: E
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By: Dana Ralph
Title: Mayor c
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Notary acknowledgment on following page w
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Termination of Easements - Page 1 Q
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STATE OF WASHINGTON )
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COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person a
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of y
such party for the uses and purposes mentioned in the instrument. w
Dated:
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-Notary Seal Must Appear Within This Box- a3i
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal the 0
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NOTARY PUBLIC, in and for the State
of Washington, residing at E
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KENT
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Accept the 2022 Sewer CIPP Lining Project as Complete -
Authorize
MOTION: I move to authorize the Mayor to accept the 2022 Sanitary Sewer
CIPP Lining Project as complete and release retainage to Insituform
Technologies, LLC upon receipt of standard releases from the State and
release of any liens.
SUMMARY: The project included cured-in-place pipe lining of 6,420 linear feet of
sanitary sewer lines, and related work.
The final contract total paid was $654,890.15 which is $85,399.13 under the
original contract amount of $740,289.28.
BUDGET IMPACT: No unbudgeted impacts.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Packet Pg. 187
8.M
KENT
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Accept the 2023 Plastic Markings Project as Complete -
Authorize
MOTION: I move to authorize the Mayor to accept the 2023 Plastic
Markings Project as complete and release retainage to Specialized
Pavement Marking, LLC upon receipt of standard releases from the State
and release of any liens.
SUMMARY: The project included plastic pavement marking installation and/or
replacement including stop lines, crosswalks, traffic markings, and channelization
devices on various streets as detailed in the bid documents.
The final contract total paid was $211,380.22 which is $11,460.22 over the
original contract amount of $199,920.
BUDGET IMPACT: No unbudgeted impacts.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 188
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KENT
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Cooperative Purchasing Agreements for Firearm Equipment
and Supply Needs - Authorize
MOTION: I move to authorize the Police Chief to purchase firearm
equipment and supplies through any of the cooperative purchasing
agreements the State of Washington has entered into under Statewide
Contract No. 22422, within budgets previously established and approved
by Council and throughout the term of the state's contracts.
SUMMARY: The City has entered into an agreement with the State of Washington's
Department of Enterprise Services ("DES"), which allows the City to purchase
through contracts the state publicly bids and enters into with various contractors.
Purchases made through cooperative purchasing agreements are exempt from the
City's competitive bid requirements under KCC 3.70.110(F).
DES has entered into contracts with five different contractors through which to
purchase firearms and firearm supplies and equipment:
1. International Cartridge Corporation;
2. Miwall Corporation;
3. NPOC, LLC, doing business as Pend Oreille Ballistics;
4. Proforce Marketing, Inc.; and
5. San Diego Police Equipment Co., Inc.
These contracts provide for an initial term of two years, which commenced on
January 1, 2024, and expires on December 31, 2025. If a contractor meets the
contract's required performance metrics, the contractor's contract with DES may be
extended up to an additional three years-through December 31, 2028. A copy of
DES's contract with each contractor is attached.
If Council authorizes the Police Department to purchase through these DES
contracts, our Law Department has confirmed that no other contract document is
required. Any purchase the City makes from any contractor under a DES
cooperative contract will be subject to the terms and conditions of that DES
contract. Given the purchasing volume made possible through DES's cooperative
contracts, the pricing the State receives is often more competitive than the price
the City would receive by negotiating on its own.
Packet Pg. 189
8.N
The Kent Police Department seeks Council's approval to purchase through these
DES contracts for its firearm supply and equipment needs, so long as its purchases
stay within budgets previously established and approved by Council, and those
purchases are made during the term of the DES contracts.
Council previously authorized the Police Department to purchase its firearm supply
needs through DES contracts that expired on December 31, 2023. Given the
expiration of these prior contracts, if these new contracts pass out of the
Committee of the Whole, they will proceed to Council for final action on its Consent
Calendar this same night.
BUDGET IMPACT: None; purchases will be made within budgets previously
established and approved by Council.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Firearm Equipment and Supply Contracts - ICC - Contract & Pricing (PDF)
2. Firearm Equipment and Supply Contracts - Miwall - Contract & Pricing (PDF)
3. Firearm Equipment and Supply Contracts - Pend Oreille - Contract & Pricing
(PDF)
4. Firearm Equipment and Supply Contracts -San Diego PE - Contract & Pricing
(PDF)
5. Firearm Equipment and Supply Contracts - Proforce - Contract & Pricing
(PDF)
Packet Pg. 190
8.N.a
Washington State E
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DEPARTMENT OF
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STATEWIDE CONTRACT
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No. 22422
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AMMUNITION
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CATEGORIES: HANDGUN—INTERNATIONAL;RIFLE—INTERNATIONAL;SHOTGUN—INTERNATIONAL 0
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For Use by Eligible Purchasers co
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By and Between
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DEPARTMENT OF ENTERPRISE SERVICES
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INTERNATIONAL CARTRIDGE CORPORATION
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STATEWIDE CONTRACT E
No. 22422
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AMMUNITION 12
CATEGORIES: HANDGUN—INTERNATIONAL;RIFLE—INTERNATIONAL;SHOTGUN—INTERNATIONAL r
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This Washington Statewide Contract ("Contract") is made and entered into by and between the State of
Washington acting by and through the Department of Enterprise Services, a Washington State
governmental agency ("Enterprise Services") and International Cartridge Corporation, a Pennsylvania
Corporation ("Contractor") and is dated and effective as of January 1, 2024.
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RECITALS 2
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of a
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Washington, is authorized to develop, solicit, and establish enterprise procurement
solutions, including statewide contracts, for goods and services to support Washington
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state agencies. See RCW 39.26.050(1). The Washington State Legislature also has o
authorized Enterprise Services to make these contracts available, pursuant to an v
agreement in which Enterprise Services ensures full cost recovery,to other local or federal
government agencies or entities, public benefit nonprofit organizations, and any tribes M
located in the State of Washington. See RCW 39.26.050(1) & (2).
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B. Certain Washington state agencies and other eligible purchasers need to procure S
specified types of ammunition products ("Ammunition") from qualified, professional a
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued 06
Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive U
Solicitation to establish Contracts for specified categories of Ammunition, by
manufacturer, to enable eligible purchasers to procure Ammunition from awarded Lj
Contractors in a cost effective, efficient manner using the terms and conditions of the v
Contract. v
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified
Contractor as an apparent successful bidder for the above-referenced Contract
Category(ies). _
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D. Enterprise Services has determined that entering into this Contract will meet the >,
identified needs and be in the best interest of the State of Washington. a
E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as U)
set forth herein.
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AGREEMENT E
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NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the a
parties hereto hereby agree as follows: w
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1. TERM. The term of this Contract is twenty-four(24) months,commencing January 1, 2024 and ending cc
December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1, 2025, in LL
Enterprise Services' reasonable judgment, Contractor satisfactorily has met the performance-based c
goals for contract extension, Enterprise Services shall extend the term of this Contract, by written E
amendment, for up to thirty-six (36) additional months. Such extension amendment shall be on the
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STATEWIDE CONTRACT NO.22422—AMMUNITION 1
(Rev.2022-11-16)
Packet Pg. 192
8.N.a
same terms and conditions as set forth in this Contract. To earn the performance-based Contract E
term extension, Contractor must achieve the following performance-based metrics:
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION
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Annual Detailed Sales
Contractor timely provides to Enterprise Services, with no less r
Re port: than a 100%on time rate,the annual detailed sales report. See
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Contractor shall maintain a 95% on-time delivery rate with a a
On-time Delivery goal of 99%on-time deliveries. See §8.3.
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Contractor timely provides to Enterprise Services at the
Insurance designated address, without exception, annual insurance
Endorsements: endorsements for the insurance coverages required by this a
Contract. See Exhibit 8—Insurance Requirements at § 13.
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Contractor timely remits to Enterprise Service,with no less than a,
a 75% on time rate over the contract term, the applicable 0
Vendor Management Fee (VMF). C)
Vendor Management Note: Contractor must pay the VMF within thirty (30) calendar
Fee: days of invoice from Enterprise Services. If Contractor is 00
delinquent in timely paying the VMF for three (3) or more of
quarters within the first nine (9) quarters of the Contract term, S
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Contractor will not be eligible for a performance-based a
extension. 06
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Contractor timely provides to Enterprise Services, with no less
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than a 75% on time rate over the contract term, the required o
Contract quarterly sales reports. v
Contract Note: Contractor must provide the quarterly sales reports to v
Sales Reports: Enterprise Services within thirty (30) calendar days of the
quarter's end. If Contractor is delinquent in providing the
quarterly sales reports for three(3)or more quarters within the
first nine (9) quarters of the Contract term, Contractor will not 0
be eligible for a performance-based extension. v
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2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an U)
eligible "Purchaser"):
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2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions,
boards, and commissions. E
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2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions a
of higher education in Washington: w
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■ State universities — i.e., University of Washington & Washington State
University;
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■ Regional universities — i.e., Central Washington University, Eastern
Washington University, &Western Washington University
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■ Evergreen State College;
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STATEWIDE CONTRACT NO.22422—AMMUNITION 2
(Rev.2022-11-16)
Packet Pg. 193
8.N.a
■ Community colleges; and E
■ Technical colleges.
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2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed
a Contract Usage Agreement with Enterprise Services: y
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■ Political subdivisions (e.g., counties, cities, school districts, public utility
districts) in the State of Washington;
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■ Federal governmental agencies or entities; a
■ Public-benefit nonprofit corporations (i.e., §501(c)(3) nonprofit
corporations that receive federal, state, or local funding); and y
■ Federally-recognized Indian Tribes located in the State of Washington. 2
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3. SCOPE—INCLUDED AMMUNITION AND PRICE.
3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only f°
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the Ammunition specified in ExhibitA—Included Ammunition and Prices at the Prices set forth Q-
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in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any 0
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Purchaser under this Contract that Contractor has contractual authority to sell or provide any
goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices.
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3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the
parties, Enterprise Services reserves the right to modify the Ammunition included in this
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Contract; Provided, however, that any such modification shall be effective only upon thirty a
(30) calendar days advance written notice; and Provided further, that any such modification 06
must be within the scope of the Competitive Solicitation for this Contract. U
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3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this o
Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA — U
Included Ammunition and Prices may be adjusted upon Contractor request. v
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Requests for price adjustment must be made in writing and be received between October 15
and December 15 of each calendar year to be eligible for an adjustment on the following
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February 1. In the event Contractor fails to timely request a price adjustment, Enterprise
Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that 0
such adjustment will not be effective for any time prior to Enterprise Services' price L),
adjustment, and Contractor is in good standing, by reasonably performing Contract Q-
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obligations, including timely sales reporting and paying vendor management fees as required '
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herein, are eligible for economic adjustments.
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Price adjustments will be made in accordance with the average percentage change in the
United States Department of Labor, Bureau of Labor and Statistics(BLS) Produce Price Indices
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(PPI) below issued for the contract term. Only final published data will be used. 0-
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Economic adjustment will lag one(1)calendar quarter past the Contract commencement date
to allow for publication of BLS data. All calculations for the index shall be based upon the
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latest version of data published as of December 1st each year. Prices may be adjusted and
effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a direct a)
substitute for the prior index according to the BLS), this Contract will use the recoded index,
as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy
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STATEWIDE CONTRACT NO.22422—AMMUNITION 3
(Rev.2022-11-16)
Packet Pg. 194
8.N.a
index. If there is not a direct substitute, the next higher aggregate index available will be E
used. The economic adjustment shall be calculated as follows:
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New Price=Old Price x (Current Period Index/Base Period Index). iL
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The "Current Period Index" is the average of the most recent twelve months of non- y
preliminary BLS Index values,and the"Base Period Index"is the average of the twelve months
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of non-preliminary BLS Index values prior to the Current Period Index. aEi
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3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of
this Contract,Contractor guarantees to provide the Ammunition at no greater than the prices a
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set forth in Exhibit — Included Ammunition and Prices (subject to economic adjustment as
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set forth herein).
3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers a
information regarding this Contract, including scope, pricing, and lowest responsive,
responsible bidder designation. In addition, Enterprise Services identifies awarded
contractors who qualify as Washington Small Businesses, Certified Veteran-Owned a,
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state o
procurement priorities as set forth in the Competitive Solicitation. c�
4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following 00
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representations and warranties as of the effective date of this Contract and at the time any order is
placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such 0
representations and warranties, Contractor shall not process any orders and shall, within three (3)
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business days notify Enterprise Services, in writing, of such breach. a
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4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good U
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standing; (b) qualified to do business in the State of Washington; and (c) registered with the
Washington State Department of Revenue and the Washington Secretary of State. Lj
4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and v
has paid all applicable taxes owed to the State of Washington. _
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4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants
that Contractor possesses and shall keep current during the term of this Contract all required
licenses, certifications, permits, authorizations, and approvals necessary for Contractor's 0
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proper performance of this Contract.
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4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in
Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates
presently are nor have ever been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in any governmental contract by any
governmental department or agency within the United States. E
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4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's a
Bidder's Certification, that during the term of this Contract and the three (3) year period U
immediately preceding the award of the Contract, Contractor has not been determined, by a E
final and binding citation and notice of assessment issued by the Washington Department of m
Labor and Industries or through a civil judgment entered by a court of limited or general LL
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jurisdiction,to be in willful violation of any provision of Washington state wage laws set forth
in RCW 49.46,49.48, or 49.52. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 4
(Rev.2022-11-16)
Packet Pg. 195
8.N.a
4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable E
requirements regarding civil rights. Such requirements prohibit discrimination against
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individuals based on their status as protected veterans or individuals with disabilities, and M
prohibit discrimination against all individuals based on their race, color, religion, sex, sexual
orientation, gender identity, or national origin. r
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4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously E
certified in Contractor's Bidder's Certification, that Contractor does NOT require its
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employees,as a condition of employment,to sign or agree to mandatory individual arbitration
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clauses or class or collective action waivers. Contractor further represents and warrants that, a,
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during the term of this Contract, Contractor shall not, as a condition of employment, require y
its employees to sign or agree to mandatory individual arbitration clauses or class or collective
action waivers.
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4.8. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within
the three (3) year period prior to this Contract, neither Contractor nor its principals or
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affiliates: (a) have been convicted of or had a civil judgment rendered against them for
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commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, °o
or performing a public (federal, state, local, or tribal) contract or purchase order under a v
public contract; (b) have been in violation of federal or state antitrust statutes or commission00
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of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property; (c) have been indicted for or otherwise criminally or 0
civilly charged by a government entity(federal, state, local, or tribal)with commission of any S
of the offense enumerated in subsection (b) of this provision; or (d) had one or more public a
contracts (federal, state, local, or tribal)terminated for cause or default. ors
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4.9. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that f°
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Contractor complies fully with all applicable procurement ethics restrictions including, but not
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limited to, restrictions against Contractor providing gifts or anything of economic value, v
directly or indirectly,to Enterprise Services and Purchasers' employees. v
4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION(WEBS). Contractor represents and warrants that w
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's
contract registration system and that, all of Contractor's information therein is current and
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accurate and that throughout the term of this Contract, Contractor shall maintain an accurate 0
profile in WEBS. >,
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4.11. WASHINGTON'S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor is
registered with Washington's Statewide Payee Desk, which registration is a condition to U)
payment.
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4.12. CONTRACT PROMOTION;ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that d
Contractor shall use commercially reasonable efforts both to promote and market the use of E
this Contract with eligible Purchasers and to ensure that those entities that utilize this 3
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Contract are eligible Purchasers. Contractor understands and acknowledges that neither w
Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting that
such Ammunition is the best or only solution to their needs. Accordingly, Contractor further �_
represents and warrants that Contractor shall make no reference to Enterprise Services, any 'T
Purchaser, or the State of Washington in any promotional material without the prior written
consent of Enterprise Services. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 5
(Rev.2022-11-16)
Packet Pg. 196
8.N.a
4.13. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been E
employed or retained to solicit or secure this Contract upon an agreement or understanding
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for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees M
or bona fide established agents as defined in the Federal Acquisition Regulations. �o
4.14. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced
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bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind E
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affecting title to any Ammunition that is the subject of this Contract.
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4.15. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in a
Contractor's Bidder's Certification, that Contractor has the operational and financial c'
capability to perform the Contract.
4.16. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or
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a similar contract, is transitioned to another contractor (e.g., Contract expiration or a
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termination), Contractor shall use commercially reasonable efforts to assist Enterprise >_
Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to
effectuate a smooth transition to another contractor to minimize disruption of service and/or Q-
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costs to the State of Washington and such Purchasers; Provided, however, that, if costs are 0
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incurred, Contractor shall be compensated for such costs consistent with the terms and
conditions pertaining to this Contract for the sixty (60) day period immediately before such00
transition.
4.17. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and 0
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the 2
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Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the a
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Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included
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Ammunition and Prices. Contractor further represents and warrants that, if during the 'L°
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Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by o
the Ammunition manufacturer to sell such Ammunition in the state of Washington, U
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such v
event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise —
directed in writing by Enterprise Services. r
4.18. SPORTING ARMS AND MANUFACTURER'S INSTITUTE(SAAMI).Contractor represents and warrants, as i
previously certified in Contractor's Bidder's Certification, all ammunition sold meets the =
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Sporting Arms and Manufacturer's Institute requirements for specifications, transportation, U
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and storage requirements. a
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5. QUALITY;WARRANTY;REMEDIES. U)
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5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design,
material, and workmanship; (b)fit and safe for the intended purposes; (c)consistent with
recognized industry quality standards; (d) complies with the requirements,specifications,and E
descriptions included in this Contract; and (e) is produced and delivered in full compliance 3
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with applicable law ("Goods Warranty'). Contractor further warrants that it has good and w
marketable title to the Ammunition and shall keep Purchaser's property free of liens. If E
Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold any �_
payment otherwise due Contractor until Contractor submits proof, in a form satisfactory to 'T
Purchaser,that all lienable claims have been fully paid or waived.
5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election,
Contractor promptly shall remedy the defect by replacing any defective Ammunition.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 6
(Rev.2022-11-16)
Packet Pg. 197
8.N.a
Contractor's Goods Warranty support shall include,at Contractor's sole expense,all technical E
support, parts, materials and equipment, and labor, including freight and "in/out" costs
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required to address the defect. If, in Purchaser's judgment, replacement is inadequate, or M
fails of its essential purpose, Contractor shall refund the full amount of any payments that �o
have been made. The rights and remedies of the parties under this warranty are in addition r
to any other rights and remedies of the parties provided by law or equity, including, without
limitation, actual damages, and, as applicable and awarded under the law, to a prevailing
party, reasonable attorneys'fees and costs.
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5.3. FAILURE To REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10) a�
c
calendar days after receipt of written notice from Purchaser, or if an emergency exists y
rendering it impossible or impractical for Purchaser to have Contractor provide a remedy,
Purchaser may, without prejudice to any other rights or remedies available to it, replace
Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at li
a�
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to
Contractor. f°
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5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support, °o
including after-hour technical support, at its own cost. v
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6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be M
cause for termination.
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6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor shall meet all OSHA V
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and other safety-related federal,state, local,and/or tribal regulatory requirements applicable li
06
to Ammunition.
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6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all
C
appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment of v
Ammunition which requires such compliance.
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6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are v
present at Purchaser's premises, Contractor promptly will report in writing all injuries, r
accidents, property damage, near-miss incidents, or any claims regarding damages or injury
L
involving Contractor, its agents, employees, or subcontractors occurring at such premises. c
Contractor agrees to cooperate and assist in any Purchaser investigation of incidents. v
,
6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or a
subcontractors shall comply, in all respects,with Purchaser's physical,fire, access,safety, and
U)
other security requirements and not interfere with Purchaser's operations. Contractor c
represents and warrants that Contractor,its agents,employees,or subcontractors who access
r
Purchaser's premises will be adequately trained and at all times comply with Purchaser's
requirements. E
.3
7. SUBCONTRACTORS. LU
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7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, In the event
Contractor elects to utilize subcontractors to perform this Contract, Contractor shall:
a incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be `_
fully responsible for the performance of any such subcontractors (regardless of tier) and 0)
ensure that subcontractors comply with each and every Contractor obligation set forth in this
Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding
a
STATEWIDE CONTRACT NO.22422—AMMUNITION 7
(Rev.2022-11-16)
Packet Pg. 198
8.N.a
all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and E
(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of
L
negligence, other tortious fault, or intentional misconduct by any such subcontractors M
(regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor
shall provide written notice to Enterprise Services' contract administrator. Such notice shall r
confirm that the subcontractor is registered in WEBS and provide the necessary information
for Enterprise Services' contract administrator to include such subcontractor(s) in E
as
Washington's Purchasing Contract Management System (PCMS).
Q
7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such a,
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report(s) will include subcontractor data, by subcontractor, for any data that Contractor is y
required to report as well as a consolidated 'rollup' report combining Contractor and
subcontractor data.
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7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or
certifications set forth in this Contract shall apply to subcontractors (at any tier) and
L
Contractor shall not utilize any subcontractors (at any tier) who cannot provide such
Q.
representations or certifications, excepting the certification to be registered with °o
Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly. v
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8. USING THE CONTRACT—PURCHASES. 00
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8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract, a'
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consistent with the terms hereof and by using any ordering mechanism agreeable both to .2
L
Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, a
06
Contractor and Purchaser also shall use telephone orders, email orders, web-based orders,
and similar procurement methods(collectively"Purchaser Order"). All Purchase Orders must i
reference the Contract number. The terms of this Contract shall apply to any Purchase Order o
and, in the event of any conflict,the terms of this Contract shall prevail. Notwithstanding any v
provision to the contrary, in no event shall any 'click-agreement,' software or web-based v
application terms and conditions, or any other agreement modify the terms and conditions v
of this Contract. r
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or provided L
as required by this Contract, the Purchase Order used by Purchaser, and as otherwise �o
mutually agreed in writing between Purchaser and Contractor. The following apply to all >,
deliveries: Q-
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(a) Contractor shall make all deliveries to the applicable delivery location U)
specified in the Purchase Order. Such deliveries shall occur during c
Purchaser's normal work hours and within the time period mutually agreed
in writing between Purchaser and Contractor.
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(b) Deliveries made to secure facilities and drivers entering those facilities shall 2-
.3
be pre-approved by the Purchaser. Contractor must obtain the required w
clearance prior to any scheduled delivery to secure facilities. E
(c) Contractor shall ship all Ammunition purchased pursuant to this Contract, m
freight charges prepaid by Contractor, FOB Purchaser's specified destination iTL.
with all transportation and handling charges included. Contractor shall bear
all risk of loss, damage, or destruction of the Ammunition ordered hereunder E
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Q
STATEWIDE CONTRACT NO.22422—AMMUNITION 8
(Rev.2022-11-16)
Packet Pg. 199
8.N.a
that occurs prior to delivery, except loss or damage attributable to E
Purchaser's fault or negligence.
L
(d) All packing lists, packages, instruction manuals, correspondence, shipping
L
notices, shipping containers, and other written materials associated with this
Contract shall be identified by the Contract number set forth on the cover of
c
this Contract and the applicable Purchaser's Purchase Order number. Packing
E
lists shall be enclosed with each shipment and clearly identify all contents and
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any backorders. a
8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99% a,
on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after
.y
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the
Purchaser.Adjustments to delivery still within the one-hundred eighty(180)day window must
be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the one- a
a�
hundred eighty(180)day window after receipt of order,Contractor will need to obtain mutual >_
agreement in writing between Purchaser and Contractor or allow Purchaser to withdraw their
order. Q-
0
Upon Purchaser or Enterprises Services request, Contractor must provide documentation 0
U
supporting compliance with this requirement. Documentation must be received by requestor
within ten (10) days of request.
00
8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product
ordered, a replacement product equal in price and performance may be substituted. All
.2
products substitutions must be mutually agreed to by Purchaser and Contractor in writing a
prior to order placement and documented in Purchaser's ordering paperwork. 06
8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased under this Contract IS subject i
to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. o
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in U
accordance with this Contract and Purchaser's Purchase Order. If there are any apparent v
defects in the Ammunition at the time of delivery, Purchaser promptly will notify Contractor. v
At Purchaser's option, and without limiting any other rights, Purchaser may require r
Contractor to replace, at Contractor's expense, any or all damaged Ammunition or, at L
Purchaser's option, Purchaser may note any such damage on the receiving report, decline c
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for i)
any Ammunition under such Purchase Order shall not be deemed acceptance. Z'
a
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8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards '
rn
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor
will provide, within five (5) days, manufacturer literature that describes specific performance
r
requirements and standards of Ammunition purchased. Upon receipt of manufacturer
literature, Purchaser will provide to Contractor, within five (5) days, supporting E
documentation describing how the Ammunition does not meet the manufacturer a
performance requirements and standards. Afull credit will be issued by the Contractor within w
ten (10) days. E
m
8.7. CUSTOMER SERVICE. Contractor will be available by phone and/or email Monday through Friday LL
from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within twenty-four
(24) hours.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 9
(Rev.2022-11-16)
Packet Pg. 200
8.N.a
9. INVOICING&PAYMENT. E
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9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's W
designated invoicing contact for Ammunition delivered under this Contract. Such invoices
L
shall itemize the following: 12
fn
(a) Contract No. 22422;
m
(b) Contractor name, address,telephone number, and email address for billing
issues (i.e., Contractor Customer Service Representative);
(c) Contractor's Federal Tax Identification Number; a,
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(d) Date(s) of delivery;
(e) Applicable Ammunition; 2
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(f) Invoice amount; and a
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(g) Payment terms, including any available prompt payment discounts.
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Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be Q.
processed for payment until receipt of a complete invoice as specified herein. °o
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9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice
00
and conforming Ammunition. Unless Contractor has provided a prompt payment discount
set forth in Exhibit — Included Ammunition and Prices, Purchaser's payment is due within 0
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due .2
L
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments). a
06
Contractor shall provide information necessary to facilitate electronic payments. If Purchaser
fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one
L
percent (1%) per month on the amount overdue or a minimum of$1. Payment will not be o
considered late if a check or warrant is mailed within the time specified. U
9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any v
erroneous payment or overpayment. Such refunds shall occur within thirty(30)calendar days
fn
of written notice to Contractor;Provided, however,that Purchaser shall have the right to elect
to have either direct payments or written credit memos issued. If Contractor fails to make
timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay �o
Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty
(30)calendar days after notice to Contractor. a
9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or U)
receive advance payment for any Ammunition furnished by Contractor pursuant to this
Contract.
m
9.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or E
impose any additional charges including, but not limited to, charges for shipping, handling, a
insurance, or payment processing with the following exception. Orders that do not meet the w
minimum order requirement of five(5) cases or more, may be charged an additional shipping E
charge reflective of actual shipping costs which shall not exceed $30.00 per case.TAxEs/FEES. �_
Contractor promptly shall pay all applicable taxes on its operations and activities pertaining LL
to this Contract. Failure to do so shall constitute breach of this Contract. Unless otherwise c
as
agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on E
purchased Ammunition. Contractor's invoices shall separately state (a)taxable and non-
STATEWIDE CONTRACT NO.22422—AMMUNITION 10
(Rev.2022-11-16)
Packet Pg. 201
8.N.a
taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes, E
Contractor shall include federal excise taxes only if, after thirty (30) calendar days written
L
notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate M
from such federal excise taxes. o
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fn
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10. CONTRACT MANAGEMENT.
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10.1. CONTRACT ADMINISTRATION&NOTICES. Except for legal notices,the parties hereby designate the
following contract administrators as the respective single points of contact for purposes of a
this Contract. Enterprise Services' contract administrator shall provide Contract oversight. a,
Contractor's contract administrator shall be Contractor's principal contact for business y
activities under this Contract. The parties may change contract administrators by written
notice as set forth below.
IL
Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or
sent via email,and shall be sent to the respective addressee at the respective address or email
address set forth below or to such other address or email address as the parties may specify Q.
in writing: 0
0
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Enterprise Services Contractor
Attn: Brad Stringfellow Attn: Michael J. Hoskavich 00
Washington Dept. of Enterprise Services International Cartridge Corporation
PO Box 41411 2273 Route 310 0
Olympia, WA 98504-1411 Reynoldsville, PA 15851 •2
Tel: (360)407-9411 (Direct) a
Tel: (814) 938-6820 06
(360)407-2213 (Team Line) Email: mikeh@iccammo.com
Email: DESContractsTeamFir@des.wa.eov
0
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon v
transmission to the designated email address of said addressee. 6
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10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service
representative (and inform Enterprise Services of the same) who shall be responsible for
addressing Purchaser issues pertaining to this Contract.
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10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. i)
certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent Z'
0-
to the respective addressee at the respective address or email address set forth below or to
such other address or email address as the parties may specify in writing: rn
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Enterprise Services Contractor
r
Attn: Legal Services Manager Attn: Ryan J. Forsythe m
Washington Dept. of Enterprise Services International Cartridge Corporation a
PO Box 41411 2273 Route 310 a
Olympia, WA 98504-1411 w
Reynoldsville, PA 15851 E
Email: greg.tolbert@des.wa.gov Email: ryan@iccammo.com
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Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, U-
upon return receipt, or, if emailed, upon transmission to the designated email address of said
addressee. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 11
(Rev.2022-11-16)
Packet Pg. 202
8.N.a
11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;&CONTRACTOR REPORTS. E
M
11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to Enterprise 4)
Services, as set forth below.
0
(a) Contract Sales Reporting System. Contractor shall report quarterly Contract y
sales in Enterprise Services' Contract Sales Reporting System. Enterprise
m
Services will provide Contractor with a login password and a vendor E
number. The password and vendor number will be provided to the Sales ;v
Reporting Representative(s) listed on Contractor's Bidder Profile. a
(b) Data. Each sales report must identify every authorized Purchaser by name
as it is known to Enterprise Services and its total combined sales amount
invoiced during the reporting period (i.e., sales of an entire agency or 2
political subdivision, not its individual subsections). The "Miscellaneous" a
option may be used only with prior approval by Enterprise Services. Upon >
request, Contractor shall provide contact information for all authorized a
Purchasers specified herein during the term of the Contract. If there are no Q.
Contract sales during the reporting period, Contractor must report zero 00
sales. v
(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports00
must be submitted electronically by the following deadlines for all Contract
sales invoiced during the applicable calendar quarter: 0
.2
FOR SALES MADE IN CONTRACT SALES REPORT IL
QUARTER
CALENDAR QUARTER ENDING DUE By PAST DUE }'
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1 January 1—March 31 April 30 May 1
0
2 April 1—June 30 July 31 August 1 v
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3 July 1—September 30 October 31 November 1 v
4 October 1—December 31 January 31 February 1
0
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11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management c
fee ("VMF") of 1.25 percent on the purchase price for all Contract sales (the purchase price is i)
the total invoice price less applicable sales tax). 2'
a
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is
calculated as follows:
c
Amount owed to Enterprise Services = Total Contract sales invoiced (not
r
including sales tax)x .0125.
(b) The VMF must be rolled into Contractor's current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested w
and approved by Enterprise Services. E
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(c) Enterprise Services will invoice Contractor quarterly based on Contract sales a`)
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reported by Contractor. Contractor is not to remit payment until Contractor ii
receives an invoice from Enterprise Services. Contractor's VMF payment to
Enterprise Services must reference this Contract number, the year and E
E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 12
(Rev.2022-11-16)
Packet Pg. 203
8.N.a
quarter for which the VMF is being remitted, and Contractor's name as set E
forth in this Contract, if not already included on the face of the check.
L
(d) Contractor's failure to report accurate total net Contract sales, to submit a iL
L
timely Contract sales report, or to remit timely payment of the VMF to
Enterprise Services, may be cause for Enterprise Services to suspend
c
Contractor or terminate this Contract or exercise remedies provided by law.
E
Without limiting any other available remedies, the parties agree that
a�
Contractor's failure to remit to Enterprise Services timely payment of the a
VMF shall obligate Contractor to pay to Enterprise Services, to offset the a,
administrative and transaction costs incurred by the State to identify,
.y
process, and collect such sums, the sum of $200.00 or twenty-five percent
(25%) of the outstanding amount, whichever is greater, or the maximum
allowed by law, if less. IL
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(e) Enterprise Services reserves the right, upon thirty(30) calendar days advance
written notice, to increase, reduce, or eliminate the VMF for subsequent
purchases, and reserves the right to renegotiate Contract pricing with o
Contractor when any subsequent adjustment of the VMF might justify a C)
change in pricing.
00
11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed
annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold 0
(including, as applicable, item number or other identifier), per unit quantities sold, items and S
volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and Contract ILL
price. This report must be provided in an electronic format that can be read by Microsoft 06
(MS) Excel. Such report is due within thirty(30)calendar days following the twelve(12)month
L
anniversary of Contract effective date and annually thereafter.
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12. RECORDS RETENTION He AUDITS. U
U
12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents,and other evidence rn
pertaining to this Contract and orders placed by Purchasers under it to the extent and in such
detail as shall adequately reflect contract performance and administration of purchases,
payments, taxes, and fees. Contractor shall retain such records for a period of six (6) years 0
U
following expiration or termination of this Contract or final payment for any order placed by >,
a Purchaser against this Contract,whichever is later; Provided, however,that if any litigation, a
claim, or audit is commenced prior to the expiration of this period, such period shall extend U)
until all such litigation, claims, or audits have been resolved.
0
12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit, c
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applicable records to ensure that Contractor properly has invoiced Purchasers and that E
Contractor has paid all applicable vendor management fees to Enterprise Services.
Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly w
authorized agent of a governmental agency, to audit, inspect, examine, copy and/or E
transcribe Contractor's books, documents, papers and records directly pertinent to this
Contract or Purchase Orders placed by a Purchaser under this Contract for the purpose of ii
making audits,examinations, excerpts, and transcriptions. This right shall survive for a period
of six (6) years following expiration or termination of this Contract or final payment for any
E
order placed by a Purchaser against this Contract,whichever is later; Provided, however,that
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STATEWIDE CONTRACT NO.22422—AMMUNITION 13
(Rev.2022-11-16)
Packet Pg. 204
8.N.a
if any litigation,claim,or audit is commenced prior to the expiration of this period,such period E
shall extend until all such litigation, claims, or audits have been resolved.
L
12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy
L
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments
inconsistent with the terms of this Contract or Purchase Orders placed thereunder, at a rate
r
of 125% of any such overpayments, found as a result of the examination of Contractor's E
records;and (b) reimburse Enterprise Services for any underpayment of vendor management
L
fees, at a rate of 125% of such fees found as a result of the examination of Contractor's
records e. underpays g y a
( g., if Contractor under a s the Vendor Management Fee b $500, Contractor a,
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would be required to pay to Enterprise Services$500 x 1.25=$625); Provided, however,that, y
in the event Contractor timely discovers and corrects any Purchaser overpayment or
Contractor underpayment of vendor management fees and does so prior to the initiation of
any audit, Contractor shall be entitled to reimburse Purchaser or pay to Enterprise Services a
a�
the actual amount of such Purchaser overpayment or such underpayment of vendor
management fees. f°
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13. INSURANCE. 0
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13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the
insurance coverages set forth in Exhibit B—Insurance Requirements. All costs for insurance, M
including any payments of deductible amounts,shall be considered incidental to and included a,
in the prices for Ammunition and no additional payment shall be made to Contractor.
.2
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13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation a
06
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its i
employees as may be required by law, Enterprise Services may terminate this Contract. This o
provision does not waive any of the Washington State Department of Labor and Industries v
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf v
in the State of Washington, and only to the extent of claims against Contractor by Purchaser v
under the Indemnity obligations in this Contract, Contractor expressly waives any immunity r
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. L
Contractor's indemnification obligation will not be limited in any way by any limitation on the o
amount or type of damages,compensation,or benefits payable to or for any third party under c)
workers' compensation acts, disability benefit acts, or other employee benefit acts. The ,
parties expressly acknowledge and certify that the waiver of immunity under Title 51 RCW 3
was mutually negotiated and agreed upon. U)
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14. CLAIMS.
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14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and E
all risks of personal injury or property damage to itself and its employees and agents in a
connection with its operations under this Contract. Enterprise Services has made no w
representations regarding any factor affecting Contractor's risks. Contractor shall pay for all E
damage to any Purchaser's property resulting directly or indirectly from Contractor's acts or
omissions under this Contract. LL
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14.2. THIRD-PARTY CLAIMS;GENERAL INDEMNITY. To the fullest extent permitted by law,Contractor shall
defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees and
agents harmless from and against all claims, demands, judgments, assessments, damages,
a
STATEWIDE CONTRACT NO.22422—AMMUNITION 14
(Rev.2022-11-16)
Packet Pg. 205
8.N.a
penalties, fines, costs, liabilities, or losses including, without limitation, sums paid in E
settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "Claims")
L
arising out of Contractor's or its successors', agents', or subcontractors' negligence, other M
tortious fault,or intentional misconduct under this Contract; Provided, however,that no right ,o
to indemnity will exist as to that portion of a Claim resulting from the sole negligence,tortious U)
fault, or intentional misconduct of Enterprise Services or Purchaser. The parties agree that if
there are any limitations of Contractor's liability, including a limitation of liability clause for
anyone for whom the Contractor is responsible, such limitations of liability shall not apply to
injuries to persons (including death), damages to property, data breach, and/or intellectual a
property infringement. Contractor shall take all steps needed to keep Purchaser's property
free of liens arising from Contractor's activities, and promptly obtain or bond the release of
any such liens that may be filed. 2
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14.3. INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Contractor shall a
N
defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and
agents harmless from against any and all Claims resulting from allegations of infringement of f°
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any patents, copyrights, trade secret, or similar intellectual property rights covering the o
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use v
of Ammunition and provided by Contractor is enjoined based on an intellectual property
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the 000
right to continue using the Ammunition or, after consulting with Purchaser and obtaining
Purchaser's consent, replace or modify the Ammunition with substantially similar and 0
functionally equivalent non-infringing Ammunition. V
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IL
06
15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract
U
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such
r
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each o
organization. In such situation, upon notice by either party, each party, within five (5) business days v
shall reduce its description of the dispute to writing and deliver it to the other party. The receiving v
party then shall have three (3) business days to review and respond in writing. In the event that the
—
parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference r
between the respective senior managers of each organization to attempt to resolve the dispute. In L
the event the parties cannot agree, either party may resort to court to resolve the dispute. _
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16. TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES. ,
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16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of U)
the parties; (b) by the non-breaching party where the breach is not cured within thirty (30)
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calendar days after written notice of breach is delivered to the breaching party, unless a
different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly
provided for in this Contract. This Contract shall terminate automatically and without further E
action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or 3
a
bankruptcy. In addition to any other available remedies, the non-breaching party may w
terminate this Contract as provided in subsection (b) above without further liability by written E
notice to the breaching party. A termination for breach will not affect rights or obligations
accrued or owed before the effective date of the termination notice. I7L
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16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise
Services may suspend or terminate this Contract and Purchasers may suspend or terminate E
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services
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STATEWIDE CONTRACT NO.22422—AMMUNITION 15
(Rev.2022-11-16)
Packet Pg. 206
8.N.a
or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably E
determines that: (a) a change in Federal or State legislation or applicable laws materially
L
affects the ability of either party to perform under the terms of this Contract or applicable M
Purchase Order;or(b)that a change in available funds affects Purchaser's ability to pay under
the applicable Purchase Order. A change of available funds as used in this section includes r
but is not limited to a change in Federal or State funding, whether as a result of a legislative
act or by order of the President or the Governor. If a written notice is delivered under this
provision, Purchaser will reimburse Contractor for Ammunition properly ordered until the
effective date of said notice. Except as stated in this provision, in the event of termination for a
nonappropriation or reduction of funds or changes in law, Purchaser will have no obligation c'
or liability to Contractor.
16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may
terminate this Contract; Provided, however, that such termination for public convenience a
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must, in Enterprise Services'judgment, be in the best interest of the State of Washington; and
Provided further, that such termination for public convenience shall only be effective upon f°
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sixty (60) calendar days prior written notice; and Provided further, that such termination for 0
public convenience shall not relieve any Purchaser from payment for Ammunition already v
ordered as of the effective date of such notice. Except as stated in this provision, in the event
of such termination for public convenience, neither Enterprise Services nor any Purchaser 000
shall have any obligation or liability to Contractor.
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16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept v
and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor a
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no ors
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to U
expiration of this Contract allow for Contractor to provide Ammunition more than twelve(12)
months beyond the expiration date of the Contract. Lj
16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination of this U
Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any —
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would w
continue beyond the expiration,termination,or cancellation of the Contract shall so continue L
and survive; and (b) promptly return to Purchaser all keys, badges, and other materials =
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supplied by Purchaser for the performance of any Purchase Order entered into pursuant to v
this Contract. C'
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16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare U)
Contractor in default of this Contract:
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(a) Contractor fails to perform or comply with any of the terms or conditions of
this Contract;
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(b) Contractor fails to timely report contract sales; 3
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(c) Contractor fails to timely pay the vendor management fees when due; or w
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(d) Contractor breaches any representation or warranty provided herein.
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16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's ii
operations under this Contract immediately by written cure notice of any default. Suspension
shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; E
Provided, however, that, if after thirty (30) calendar days from such a suspension notice,
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STATEWIDE CONTRACT NO.22422—AMMUNITION 16
(Rev.2022-11-16)
Packet Pg. 207
8.N.a
Contractor remains in default, Enterprise Services may terminate Contractor's rights under E
this Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive
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termination of Contractor's rights under this Contract, until such obligations have been M
fulfilled. o
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16.8. REMEDIES FOR DEFAULT. rn
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(a) Enterprise Services' rights to suspend and terminate Contractor's rights E
under this Contract are in addition to all other available remedies. ;v
(b) In the event of termination for default, Enterprise Services may exercise any a
remedy provided by law including,without limitation,the right to procure for
all Purchasers replacement Ammunition. In such event, Contractor shall be
liable to Enterprise Services for damages as authorized by law including, but 2
not limited to, any price difference between the Contract price and the a
replacement or cover price as well as any administrative and/or transaction
costs directly related to such replacement procurement—e.g.,the cost of the a
competitive procurement. CL
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16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary,the parties agree that V
in no event shall any party or Purchaser be liable to the other for exemplary or punitive
damages; Provided, however, that nothing contained in this Section will in any way exclude 00
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or limit: (a) a party's liability for all damages arising out of that party's intentional acts or
omissions; (b)the operation of any warranty provided in this Contract; or(c) damages subject 0
to the Intellectual Property Indemnity section of this Contract. Any limitation of either party's •L
obligations under this Contract, by delivery slips or other documentation is void. a
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16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or U
termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient
suspension or termination. Accordingly, Contractor shall deliver to Purchasers all 0
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Ammunition that has been ordered and Purchasers shall inspect,accept,and pay for the same v
in accordance with this Contract and the applicable Purchase Order. Unless directed by U
Enterprise Services to the contrary, Contractor shall not process any orders after notice of
suspension or termination inconsistent therewith.
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16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual =
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written agreement of the parties; (b) by the non-breaching party where the breach is not v
cured within thirty (30) calendar days after written notice of breach is delivered to the a
breaching party, unless a different time for cure is otherwise stated in the applicable Purchase
Order;and (c) as otherwise expressly provided for in the applicable Purchase Order. Purchase
Orders shall terminate automatically and without further action if a party becomes insolvent
or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any
other available remedies, the non-breaching party may terminate the Purchase Order as E
provided in subsection (b)above without further liability by written notice to the breaching 3
party. A termination for breach will not affect rights or obligations accrued or owed before w
the effective date of the termination notice. E
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17. PUBLIC INFORMATION&PUBLIC RECORDS DISCLOSURE REQUESTS. i,L
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17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this
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Contract and all related records are subject to public disclosure as required by Washington's E
Public Records Act, RCW 42.56.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 17
(Rev.2022-11-16)
Packet Pg. 208
8.N.a
17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the E
relevant page(s) of any records provided to Enterprise Services that Contractor believes are
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statutorily exempt from disclosure and identify the precise statutory basis for exemption from
disclosure. In addition, if, in Contractor's judgment, certain portions of such records are not �o
statutorily exempt from disclosure but are sensitive because particular portions of r
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade
secret information (or the equivalent) that Contractor protects through the regular use of
confidentiality or similar agreements and routine enforcements through court enforcement
actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of a
any records that include such sensitive information. c'
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17.3. ENTERPRISE SERVICES'OBLIGATION. In the event that Enterprise Services receives a public records v
disclosure request pertaining to records that Contractor has submitted and marked either as
(a) statutorily exempt from disclosure;or(b) sensitive,Enterprise Services, prior to disclosure, a
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will do the following: Enterprise Services' Public Records Officer will review any records
marked by Contractor as statutorily exempt from disclosure. In those situations, where the f°
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designation comports with the stated statutory exemption from disclosure, Enterprise o
Services will redact or withhold the record(s) as appropriate. For records marked 'sensitive' v
or for records where Enterprise Services determines that no statutory exemption to
disclosure applies or is unable to determine whether the stated statutory exemption to 00
disclosure properly applies, Enterprise Services will notify Contractor,at the address provided
in the Contract, of the public records disclosure request and identify the date that Enterprise 0
Services intends to release the record(s)(including records marked 'sensitive'or exempt from •L
disclosure)to the requester unless Contractor, at Contractor's sole expense, timely obtains a li
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court order enjoining Enterprise Services from such disclosure. In the event Contractor fails
to timely file a motion for a court order enjoining such disclosure, Enterprise Services will f°
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release the requested record(s)on the date specified. Contractor's failure properly to identify o
exempted or sensitive information or timely respond after notice of request for public U
disclosure has been given shall be deemed a waiver by Contractor of any claim that such U
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records are exempt or protected from public disclosure. _
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18. GENERAL PROVISIONS. L
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18.1. TIME IS OF THE ESSENCE. Time Is Of the essence for each and every provision of this Contract. U
18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall Obtain ,
all necessary permits and approvals and give all stipulations, certifications, and 3
representations that may be required for it to perform this Contract. rn
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18.3. ENTIRE AGREEMENT. This Contract constitutes the entire agreement and understanding of the
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parties with respect to the subject matter and supersedes all prior negotiations,
representations, and understandings between them. There are no representations or E
understandings of any kind not set forth herein. 3
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18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended E
or modified except in writing and signed by a duly authorized representative of each party.
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18.5. AUTHORITY. Each party to this Contract, and each individual signing on behalf of each party, LL
hereby represents and warrants to the other that it has full power and authority to enter into
this Contract and that its execution, delivery,and performance of this Contract has been fully E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 18
(Rev.2022-11-16)
Packet Pg. 209
8.N.a
authorized and approved,and that no further approvals or consents are required to bind such E
party.
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18.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall
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be or is intended to be created by or under this Contract. Neither party is an agent of the
other party nor authorized to obligate it.
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18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is aEi
created by this Contract. Contractor and its employees or agents performing under this
Contract are not employees or agents of Enterprise Services. Contractor shall not have Q
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or c'
understanding, except as expressly set forth herein. Contractor and its employees and agents
are not entitled to unemployment insurance or worker's compensation benefits through 2
Enterprise Services or the State of Washington and Enterprise Services and the State of a
Washington will not pay for or otherwise provide such coverage for Contractor and its
employees and agents.
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18.8. ASSIGNMENT. Contractor may not assign its rights under this Contract without Enterprise Q-
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Services' prior written consent and Enterprise Services may consider any attempted 0
assignment without such consent to be void; Provided, however, that, if Contractor
(a) provides written notice to Enterprise Services within thirty (30) calendar days of such00
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent
Agreement, Contractor may assign its rights under this Contract in full to any parent, 0
subsidiary,or affiliate of Contractor that controls or is controlled by or under common control .2
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with Contractor, is merged or consolidated with Contractor, or purchases a majority or a
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controlling interest in the ownership or assets of Contractor. Unless otherwise agreed,
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Contractor guarantees prompt performance of all obligations under this Contract to,
notwithstanding any prior assignment of its rights. o
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18.9. BINDING EFFECT; SUCCESSORS &ASSIGNS. This Contract shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns. v
18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably r
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or L
cause of action which Contractor now has or which may accrue to Contractor in the future by o
reason of any violation of state or federal antitrust laws in connection with any Ammunition c)
provided in Washington for the purpose of carrying out Contractor's obligations under this ,
Contract, including, at Enterprise Services' option, the right to control any such litigation on 3
such claim for relief or cause of action. rn
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18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition
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pursuant to this Contract,such Purchaser shall specify,with its Purchase Order,any applicable
requirement or certification that must be satisfied by Contractor at the time the Purchase E
Order is placed or upon delivery of such Ammunition to Purchaser. 3
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18.12. SEVERABIUTY. If any provision of this Contract is held to be invalid or unenforceable, such E
provision shall not affect or invalidate the remainder of this Contract, and to this end the
provisions of this Contract are declared to be severable. If such invalidity becomes known or LL
apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt r
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to amend such provision as nearly as possible to be consistent with the intent of this Contract.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 19
(Rev.2022-11-16)
Packet Pg. 210
8.N.a
18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and E
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or
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to notify the other party in the event of breach, shall not release the other party of any of its M
obligations under this Contract, nor shall any purported oral modification or rescission of this �o
Contract by either party operate as a waiver of any of the terms hereof. No waiver by either r
party of any breach, default, or violation of any term, warranty, representation, contract,
covenant, right, condition, or provision hereof shall constitute waiver of any subsequent
breach, default, or violation of the same or other term, warranty, representation, contract,
covenant, right, condition, or provision. a
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18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth y
in or otherwise made pursuant to this Contract shall survive and remain in effect following
the expiration or termination of this Contract, Provided, however, that nothing herein is
intended to extend the survival beyond any applicable statute of limitations periods. a
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18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract
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shall be governed by and construed in accordance with the laws of the State of Washington, M
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without regard to any choice of law principles that would provide for the application of the °o
laws of another jurisdiction. v
18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this
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Contract,the parties agree to exclusive jurisdiction in Thurston County Superior Court for the
State of Washington and agree that in any such action venue shall lie exclusively at Olympia, 0'
Washington. 2
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18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract, 06
each party shall bear its own attorneys'fees and costs. U
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18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be construed as a
whole according to their common meaning and not strictly for or against any party and v
consistent with the provisions contained herein in order to achieve the objectives and v
purposes of this Contract. Each party hereto and its counsel has reviewed and revised this v
Contract and agrees that the normal rules of construction to the effect that any ambiguities r
are to be resolved against the drafting party shall not be construed in the interpretation of L
this Contract. Each term and provision of this Contract to be performed by either party shall o
be construed to be both a covenant and a condition. U
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18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the a
parties shall each do whatever may reasonably be necessary to accomplish the transactions rn
contemplated in this Contract including, without limitation, executing any additional
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documents reasonably necessary to effectuate the provisions and purposes of this Contract.
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18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in their
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entirety. 2-
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18.21. CAPTIONS&HEADINGS. The captions and headings in this Contract are for convenience only and W
are not intended to, and shall not be construed to, limit, enlarge,or affect the scope or intent E
of this Contract nor the meaning of any provisions hereof.
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18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any
other ancillary agreement shall be deemed to have the same legal effect as delivery of an a)
original executed copy of this Contract or such other ancillary agreement for all purposes.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 20
(Rev.2022-11-16)
Packet Pg. 211
8.N.a
18.23. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which E
shall be deemed an original and all of which counterparts together shall constitute the same
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instrument which may be sufficiently evidenced by one counterpart. Execution of this
Contract at different times and places by the parties shall not affect the validity thereof so �o
long as all the parties hereto execute a counterpart of this Contract. r
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EXECUTED as of the date and year first above written. E
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STATE OF WASHINGTON INTERNATIONAL CARTRIDGE CORPORATION, Q
Department of Enterprise Services a Pennsylvania Corporation
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By: 0 By: —"A'AP, sops
Elena McGrew Ryan J. Forsythe a
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Its: Procurement Manager Its: President and CEO >_
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STATEWIDE CONTRACT NO.22422—AMMUNITION 21
(Rev.2022-11-16)
Packet Pg. 212
8.N.a
EXHIBIT A E
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INCLUDED AMMUNITION AND PRICES M
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All Ammunition: rn
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■ Shall be factory new, not reloaded or remanufactured E
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■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical
specifications,transportation, storage Q
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HANDGUN AMMUNITION
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# Manufacturer Bullet Style Product Product Code Caliber Grain Rounds Price 2
Name (SKU) per Case per Case a
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1 International Copper-polymer Frangible Gold Elite 009-09OPTR-M 9mm 90 1000 $ 501.
m
2 International Copper-polymer Frangible Gold Elite 009-098PTR-M 9mm 98 1000 $ 501. Q.
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3 International Copper-Tin Frangible Gold Elite 009-10OXFP-M 9mm 100 1000 $ 482. v
4 International Copper-polymer Frangible Gold Elite 045-155PTR-M .45 155 1000 $ 645.
ACP M
5 International Copper-Tin Frangible Gold Elite 045-155XFP-M .45 155 1000 $ 600.
ACP .2
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HANDGUN AMMUNITION, LEAD-FREE (GREEN) i
Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price 0
(SKU) per Case per Case
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International Copper-polymer Frangible Green Elite 009-090PNT-M 9mm 90 1,000 $ 523. v
International Copper-polymer Frangible Green Elite 009-098PNT-M 9mm 98 1,000 $ 523.
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International Copper-Tin Frangible Green Elite 009-10OCTNT-M 9mm 100 1,000 $ 503. L
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International Copper-polymer Frangible Green Elite 045-155PNT-M .45 155 1,000 $ 625.
ACP a
International Copper-Tin Frangible Green Elite 045-155CTNT-M .45 155 1,000 $ 587. u)
ACP r_
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STATEWIDE CONTRACT NO.22422—AMMUNITION 22
(Rev.2022-11-16)
Packet Pg. 213
8.N.a
RIFLE AMMUNITION E
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# Manufacturer Bullet Style Product Product Code (SKU) Caliber Grain Rounds Price
Name per Case per Case uL-
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1 International Copper-Polymer Frangible Green 223-045HVPNT-M 0.223 45 1000 $ 6� r 8
Elite
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2 International Copper-Polymer Frangible Gold Elite 223-045HVPTR-M 0.223 45 1000 $ 6f 1
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3 International Copper-Polymer Frangible Gold Elite 223-045PTR-M 0.223 45 1000 $ 6f Q 8
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4 International Copper-Polymer Frangible Gold Elite 223-050JPTR-M 0.223 50 1000 $ 7: y 1
5 International Jacketed Open Tip Frang. Gold Elite 223-055JOT-M 0.223 55 1000 $ & 7
6 International Jacketed Open Tip Frang. Gold Elite 223-062JOT-M 0.223 62 1000 $ 8� 0
7 International Jacketed Open Tip Frang. Green 223-062JOTNT-M 0.223 62 1000 $ 9( 7
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8 International Copper-Polymer Frangible Green 300BLK-100PNT-M 300BLK 100 1000 $ 8, 0 1
Elite
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9 International Copper-Polymer Frangible Gold Elite 300BLK-10OPTR-M 300BLK 100 1000 $ 8( M 7
10 International Copper-Polymer Frangible Green 300BLK-108JPNT-M 300BLK 108 1000 $ 9: 3
Elite
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11 International Copper-Polymer Frangible Gold Elite 300BLK-108JPTR-M 300BLK 108 1000 $ 91 oatS 8
12 International Jacketed Open Tip Frang. Gold Elite 300BLK-110JOT-M 300BLK 110 1000 $ 1,23 i
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LEAD-FREE RIFLE AMMUNITION (GREEN) V
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Manufacturer Bullet Style Caliber Grain Product Product Code (SKU) Rounds Price Per
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Name per Case Case
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International Non-Toxic Frangible 0.223 42 Green Elite 223-045PNT-M 1000 $ 695.85 c
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International Frangible 0.223 55 Green Elite 223-055JOTNT-M 1000 $ 893.55 �,
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International Jacketed Soft Point 0.223 55 Green Elite 223-050JPNT-M 1000 $ 750.55
Frangible U)
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International CX TAP HEAVY 0.308 165 Green Elite 308-140JOTNT-M 1000 $ 1,271.7�
BARRIER
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International GMX TAP 300 110 Green Elite 300BLK-110JOTNT-M 1000 $ 1,251.7C .�
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STATEWIDE CONTRACT NO.22422—AMMUNITION 23
(Rev.2022-11-16)
Packet Pg. 214
8.N.a
SHOTGUN AMMUNITION E
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# Manufacturer Bullet Style Product Name Product Code Caliber Pellet Rounds Price w
(SKU) Count per Case per Case .-
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1 International Breaching Slug Duty and Defense 012-325BRE-C 12 ga 1 250 $ 390.8]
2 International 00 Buck Duty and Defense 012-008SHT-C 12 ga 8 250 $ 675.0(
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SHOTGUN AMMUNITION, LEAD-FREE(GREEN)
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# Manufacturer Bullet Style Product Name Product Code Caliber Pellet Shells Price Per
(SKU) Count per Case Case a
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1 International LIGHT MAG 00 BUCK Duty and Defense 012-009SHT-C 12 Gauge 9 250 $ 390.9]
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2 International LIGHT MAG SLUG Duty and Defense 012-325SLG-C 12 Gauge 1 250 $ 392.6� o
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STATEWIDE CONTRACT NO.22422—AMMUNITION 24
(Rev.2022-11-16)
Packet Pg. 215
8.N.a
EXHIBIT B E
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INSURANCE REQUIREMENTS jy
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1. INSURANCE OBLIGATION. During the Term of this Contract, Contractor shall possess and maintain in r
full force and effect, at Contractor's sole expense,the following insurance coverages:
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a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance N
(and, if necessary,commercial umbrella liability insurance)covering bodily injury, a
property damage, products/completed operations, personal injury, and a,
advertising injury liability on an 'occurrence form' that shall be no less y
comprehensive and no more restrictive than the coverage provided by Insurance
Services Office (ISO) under the most recent version of form CG 00 01 in the
amount of not less than $1,000,000 per occurrence and $2,000,000 general a
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aggregate. This coverage shall include blanket contractual liability coverage. This >_
coverage shall include a cross-liability clause or separation of insured condition.
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b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable 0
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Workers' Compensation or Industrial Accident insurance providing benefits as v
required by law.
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c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if
necessary, commercial umbrella liability insurance) with limits not less than 0
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$1,000,000 each accident for bodily injury by accident, $1,000,000 each .2
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employee for bodily injury by disease, and $1,000,000 bodily injury by disease a
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policy limit. The insurance coverage limits set forth herein are the minimum.
Contractor's insurance coverage shall be no less than the minimum amounts i
specified. Coverage in the amounts of these minimum limits, however, shall not o
be construed to relieve Contractor from liability in excess of such limits. v
Contractor waives all rights against the State of Washington for the recovery of v
damages to the extent such damages are covered by any insurance required v
herein. r
d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE(applicable If Contractor Uses a Vehicle
to access Purchasers' premises). 'Symbol 1' commercial automobile liability �0
coverage (and, if necessary, commercial umbrella liability insurance) including
coverage for all owned,hired,and non-owned vehicles. The combined single limit a
per accident shall not be less than $1,000,000. U)
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2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
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insurance company deemed acceptable to the State of Washington's Office of Risk Management.
Insurance coverage shall be provided by companies authorized to do business within the State of E
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Washington and rated A- Class VII or better in the most recently published edition of Best's a
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) w
with an unacceptable financial rating. E
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3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile ii
Liability shall include the State of Washington and all authorized Purchasers (and their agents,
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured E
Endorsement attached to the Certificate of Insurance on such insurance policies.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 25
(Rev.2022-11-16)
Packet Pg. 216
8.N.a
4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to Enterprise E
Services, as evidence of the insurance coverage required by this Contract, a certificate of
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insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and M
minimum amounts, has been secured. In addition, no less than ten (10) calendar days prior to �o
coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed r
certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated
kinds and minimum amounts, has been secured. Failure to maintain or provide proof of
insurance, as required, will result in contract cancellation. All policies and certificates of
insurance shall include the Contract number stated on the cover of this Contract. All certificates a
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of Insurance and any related insurance documents shall be sent via email to Enterprise Services, c
and shall be sent to the email address set forth below:
Email: DESContractsTeamFir@des.wa.gov
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Note: For Email notice,the Email Subject line must state: a)
Contract Insurance Certificate—Contract No. 22422—Ammunition
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5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution p
from any insurance or self-insurance maintained by,or provided to,the additional insureds listed v
above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or
self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance M
provided by Contractor or subcontractors.
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6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required
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insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any a
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such subcontractor to provide insurance that complies with all applicable requirements of the
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
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for each subcontractor. Each subcontractor must comply fully with all insurance requirements o
stated herein. Failure of any subcontractor to comply with insurance requirements does not limit v
Contractor's liability or responsibility. v
7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of r
Washington and any Purchaser for the recovery of damages to the extent such damages are or L
would be covered by the insurance specified herein. o
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8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of Z'
aggregate limits, or intent not to renew insurance coverage, either in whole or in part,without at
least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise Services. U)
Failure to provide such notice, as required, shall constitute default by Contractor. Any such
written notice shall include the Contract number stated on the cover of this Contract.
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9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather Q-
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) w
years following expiration or termination of the Contract. E
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* * * END OF INSURANCE REQUIREMENTS * * * d
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STATEWIDE CONTRACT NO.22422—AMMUNITION 26
(Rev.2022-11-16)
Packet Pg. 217
8.N.a
WA 22422 I CC Contract
Final Audit Report 2023-12-19 E
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Created: 2023-12-19 jy
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By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov) w
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Status: Signed y
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Transaction ID: CBJCHBCAABAAhdb1rf72lumVfg8bPyKtCwXrs34eJhfJ
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"WA 22422 ICC Contract" History
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71 Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov)
2023-12-19-0:50:46 AM GMT
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Document emailed to Ryan Forsythe (ryan@iccammo.com)for signature v
2023-12-19-0:51:22 AM GMT
00s Email viewed by Ryan Forsythe (ryan@iccammo.com)
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2023-12-19-2:27:41 PM GMT S
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c:5, Document e-signed by Ryan Forsythe (ryan@iccammo.com) 06
Signature Date:2023-12-19-2:37:24 PM GMT-Time Source:server U
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Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature 0
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2023-12-19-2:37:25 PM GMT '
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1 Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov) y
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2023-12-19-4:45:27 PM GMT v
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Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov) i)
Signature Date:2023-12-19-6:18:48 PM GMT-Time Source:server 2+
Agreement completed.
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2023-12-19-6:18:48 PM GMT
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Packet Pg. 218
8.N.a
Handgun Ammunition
Product Code Rounds Price
# Manufacturer Bullet Style Product Name Caliber Grain
(SKU) per Case per Case
1 International Copper-polymer Frangible Gold Elite 009-09OPTR-M 9mm 90 1000 $ 501.73 0
2 International Copper-polymer Frangible Gold Elite 009-098PTR-M 9mm 98 1000 $ 501.73 0
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3 International Copper-Tin Frangible Gold Elite 009-10OXFP-M 9mm 100 1000 $ 482.26
4 International Copper-polymer Frangible Gold Elite 045-155PTR-M .45 ACP 155 1000 $ 645.43 CD
5 International Copper-Tin Frangible Gold Elite 045-155XFP-M .45 ACID 155 1000 $ 600.80
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Rounds Price m
Manufacturer Bullet Style Description Product Name Product Code (SKU) Caliber Grain
per Case per Case
International Copper-polymer Frangible Green Elite 009-090PNT-M 9mm 90 1,000 $ 523.22 0
International Copper-polymer Frangible Green Elite 009-098PNT-M 9mm 98 1,000 $ 523.22 0
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International Copper-Tin Frangible Green Elite 009-10OCTNT-M 9mm 100 1,000 $ 503.75
International Copper-polymer Frangible Green Elite 045-155PNT-M .45 ACP 155 1,000 $ 625.05 CO
International Copper-Tin Frangible Green Elite 045-155CTNT-M .45 ACP 155 1,000 $ 587.23
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Rifle Ammunition
Rounds Price
# Manufacturer Bullet Style Product Name Product Code(SKU) Caliber Grain
per Case per Case
1 International Copper-Polymer Frangible Green Elite 223-045HVPNT-M 0.223 45 1000 $ 696.78 a
2 International Copper-Polymer Frangible Gold Elite 223-045HVPTR-M 0.223 45 1000 $ 682.01 0
Copper-Polymer Frangible Gold Elite 223-045PTR-M V
3 International 0.223 45 1000 $ 681.08
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4 International Copper-Polymer Frangible Gold Elite 223-050JPTR-M 0.223 50 1000 $ 733.41
5 International Jacketed Open Tip Frang. Gold Elite 223-055JOT-M 0.223 55 1000 $ 880.67
6 International Jacketed Open Tip Frang. Gold Elite 223-062JOT-M 0.223 62 1000 $ 893.60
7 International Jacketed Open Tip Frang. Green Elite 223-062JOTNT-M 0.223 62 1000 $ 908.37 a`
8 International Copper-Polymer Frangible Green Elite 300BLK-100PNT-M 300BLK 100 1000 $ 848.81 06
9 International Copper-Polymer Frangible Gold Elite 300BLK-10OPTR-M 300BLK 100 1000 $ 803.27 L
10 International Copper-Polymer Frangible Green Elite 300BLK-108JPNT-M 300BLK 108 1000 $ 938.63 0
11 International Copper-Polymer Frangible Gold Elite 300BLK-108JPTR-M 300BLK 108 1000 $ 923.88 V
12 International 1jacketed Open Tip Frang. Gold Elite 300BLK-110JOT-M 300BLK 110 1000 $ 1,236.92 V
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Rounds Price Per
Manufacturer Bullet Style(or equal) Caliber Grain Product Name Product Code(SKU)
per Case Case
International Non-Toxic Frangible 0.223 42 Green Elite 223-045PNT-M 1000 $ 695.85 a
International Frangible 0.223 55 Green Elite 223-055JOTNT-M 1000 $ 893.55 0
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International Jacketed Soft Point Frangible 0.223 55 Green Elite 223-050JPNT-M 1000 $ 750.55 a,
International CX TAP HEAVY BARRIER 0.308 165 Green Elite 308-140JOTNT-M 1000 $ 1,271.75 M
International JGIVXTAP 300 Blackout 110 Green Elite 300BLK-110JOTNT-M 1000 $ 1,251.70 CD
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Shotgun Ammunition
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Product Code Pellet Rounds Price
# Manufacturer Bullet Style Product Name Caliber
(SKU) Count per Case per Case
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1 International Breaching Slug Duty and Defense 012-325BRE-C 12 ga 1 250 $ 390.81 0
2 International 100 Buck Duty and Defense 012-008SHT-C 12 ga 8 250 $ 675.00 j U
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(SHOTGUN,LE GREEN)
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Pellet Shells per Price Per
# Manufacturer Bullet Style(or equal) Product Name Product Code(SKU) Caliber
Count Case Case
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1 International LIGHT MAG 00 BUCK Duty and Defense 012-009SHT-C 12 Gauge 9 250 $ 390.91 0
2 linternational LIGHT MAG SLUG Duty and Defense 012-325SLG-C 12 Gauge 1 250 $ 392.69 U
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Washington State m
DEPARTMENT OF U-
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STATEWIDE CONTRACT
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No. 22422
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AMMUNITION
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CATEGORIES: HANDGUN-HORNADY;RIFLE-HORNADY;SHOTGUN-HORNADY V
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For Use by Eligible Purchasers
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By and Between L
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STATE OF WASHINGTON 3
DEPARTMENT OF ENTERPRISE SERVICES
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MIWALL CORPORATION Q'
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Dated January 1, 2024 w
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8.N.b
STATEWIDE CONTRACT
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No. 22422 ii
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AMMUNITION '0
CATEGORIES: HANDGUN—HORNADY;RIFLE—HORNADY;SHOTGUN—HORNADY
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This Washington Statewide Contract ("Contract") is made and entered into by and between the State of L
Washington acting by and through the Department of Enterprise Services, a Washington State Q
governmental agency ("Enterprise Services") and Miwall Corporation, a California Corporation
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("Contractor") and is dated and effective as of January 1, 2024.
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RECITALS 3
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A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of
Washington, is authorized to develop, solicit, and establish enterprise procurement i
solutions, including statewide contracts, for goods and services to support Washington a
state agencies. See RCW 39.26.050(1). The Washington State Legislature also has °o
authorized Enterprise Services to make these contracts available, pursuant to an v
agreement in which Enterprise Services ensures full cost recovery,to other local or federal a,
government agencies or entities, public benefit nonprofit organizations, and any tribes M
located in the State of Washington. See RCW 39.26.050(1) & (2). a�
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B. Certain Washington state agencies and other eligible purchasers need to procure
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specified types of ammunition products ("Ammunition") from qualified, professional
06
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued
Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive
Solicitation to establish Contracts for specified categories of Ammunition, by o
manufacturer, to enable eligible purchasers to procure Ammunition from awarded v
Contractors in a cost effective, efficient manner using the terms and conditions of the
Contract. 3
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified
Contractor as an apparent successful bidder for the above-referenced Contract U
Category(ies). r
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D. Enterprise Services has determined that entering into this Contract will meet the v
identified needs and be in the best interest of the State of Washington. a
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E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as U)
set forth herein.
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AGREEMENT
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NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the Q'
parties hereto hereby agree as follows: a
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1. TERM. The term of this Contract is twenty-four(24) months,commencing January 1, 2024 and ending
December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1, 2025, in
Enterprise Services' reasonable judgment, Contractor satisfactorily has met the performance-based
goals for contract extension, Enterprise Services shall extend the term of this Contract, by written E
amendment, for up to thirty-six (36) additional months. Such extension amendment shall be on the
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STATEWIDE CONTRACT NO.22422—AMMUNITION 1
(Rev.2022-11-16)
Packet Pg. 226
8.N.b
same terms and conditions as set forth in this Contract. To earn the performance-based Contract E
term extension, Contractor must achieve the following performance-based metrics: ;v
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION ,0
Annual Detailed Sales
Contractor timely provides to Enterprise Services, with no less c
Re port: than a 100%on time rate,the annual detailed sales report. See aEi
p § 11.3.
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Contractor shall maintain a 95% on-time delivery rate with a
On-time Delivery goal of 99%on-time deliveries. See §8.3.
Contractor timely provides to Enterprise Services at the
Insurance designated address, without exception, annual insurance a
Endorsements: endorsements for the insurance coverages required by this
Contract. See Exhibit 8—Insurance Requirements at § 13.
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Contractor timely remits to Enterprise Service,with no less than a
a 75% on time rate over the contract term, the applicable v
Vendor Management Fee (VMF).
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Vendor Management
Note: Contractor must pay the VMF within thirty (30) calendar00
Fee: days of invoice from Enterprise Services. If Contractor is
delinquent in timely paying the VMF for three (3) or more
quarters within the first nine (9) quarters of the Contract term, 2
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Contractor will not be eligible for a performance-based06
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extension.
Contractor timely provides to Enterprise Services, with no less
than a 75% on time rate over the contract term, the required v
Contract quarterly sales reports.
Contract
Note: Contractor must provide the quarterly sales reports to 3
Sales Reports:
Enterprise Services within thirty (30) calendar days of the M
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quarter's end. If Contractor is delinquent in providing the u,
quarterly sales reports for three(3)or more quarters within the
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first nine (9) quarters of the Contract term, Contractor will not
be eligible for a performance-based extension. Lj
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2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an 3
eligible "Purchaser"):
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2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, +°
boards, and commissions.
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2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions Q'
of higher education in Washington: a
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■ State universities — i.e., University of Washington & Washington State E
University; L
■ Regional universities — i.e., Central Washington University, Eastern
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Washington University, &Western Washington University
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■ Evergreen State College;
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STATEWIDE CONTRACT NO.22422—AMMUNITION 2
(Rev.2022-11-16)
Packet Pg. 227
8.N.b
■ Community colleges; and E
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■ Technical colleges.
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2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed 0
a Contract Usage Agreement with Enterprise Services:
■ Political subdivisions e. counties cities school districts E( g., , public utility �
districts) in the State of Washington; L
■ Federal governmental agencies or entities; Q
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■ Public-benefit nonprofit corporations (i.e., §501(c)(3) nonprofit
corporations that receive federal, state, or local funding); and
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■ Federally-recognized Indian Tribes located in the State of Washington. 3
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3. SCOPE—INCLUDED AMMUNITION AND PRICE. >_
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3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only 0
the Ammunition specified in ExhibitA—Included Ammunition and Prices at the Prices set forth 0
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in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any v
Purchaser under this Contract that Contractor has contractual authority to sell or provide any
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goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices. 000
3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the
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parties, Enterprise Services reserves the right to modify the Ammunition included in this .2
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Contract; Provided, however, that any such modification shall be effective only upon thirty a
(30) calendar days advance written notice; and Provided further, that any such modification 06
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must be within the scope of the Competitive Solicitation for this Contract. M
3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this �0
Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA — ,
Included Ammunition and Prices may be adjusted upon Contractor request. 3
Requests for price adjustment must be made in writing and be received between October 15
and December 15 of each calendar year to be eligible for an adjustment on the following
February 1. In the event Contractor fails to timely request a price adjustment, Enterprise
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Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that c
such adjustment will not be effective for any time prior to Enterprise Services' price ti
adjustment, and Contractor is in good standing, by reasonably performing Contract 2'
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obligations, including timely sales reporting and paying vendor management fees as required
herein, are eligible for economic adjustments.
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Price adjustments will be made in accordance with the average percentage change in the 0
United States Department of Labor, Bureau of Labor and Statistics(BLS) Produce Price Indices
(PPI) below issued for the contract term. Only final published data will be used. E
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PCU332992332992 (Small Arms Ammunitions Manufacturing) w
Economic adjustment will lag one(1)calendar quarter past the Contract commencement date E
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to allow for publication of BLS data. All calculations for the index shall be based upon the m
latest version of data published as of December 1st each year. Prices may be adjusted and iTL.
effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a direct
substitute for the prior index according to the BLS), this Contract will use the recoded index, E
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as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy
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STATEWIDE CONTRACT NO.22422—AMMUNITION 3
(Rev.2022-11-16)
Packet Pg. 228
8.N.b
index. If there is not a direct substitute, the next higher aggregate index available will be E
used. The economic adjustment shall be calculated as follows:
ii
New Price=Old Price x (Current Period Index/Base Period Index). `o
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The "Current Period Index" is the average of the most recent twelve months of non-
preliminary BLS Index values,and the"Base Period Index"is the average of the twelve months
of non-preliminary BLS Index values prior to the Current Period Index.
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3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of Q
this Contract,Contractor guarantees to provide the Ammunition at no greater than the prices
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set forth in Exhibit — Included Ammunition and Prices (subject to economic adjustment as
set forth herein).
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3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers a
information regarding this Contract, including scope, pricing, and lowest responsive,
responsible bidder designation. In addition, Enterprise Services identifies awarded i
contractors who qualify as Washington Small Businesses, Certified Veteran-Owned a
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state �00�
procurement priorities as set forth in the Competitive Solicitation.
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4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following 00
representations and warranties as of the effective date of this Contract and at the time any order is a�
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placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such
representations and warranties, Contractor shall not process any orders and shall, within three (3) a-
business days notify Enterprise Services, in writing, of such breach. 06
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4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good
standing; (b) qualified to do business in the State of Washington; and (c) registered with the o
Washington State Department of Revenue and the Washington Secretary of State. v
4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and f°
3
has paid all applicable taxes owed to the State of Washington.
4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants
that Contractor possesses and shall keep current during the term of this Contract all required
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licenses, certifications, permits, authorizations, and approvals necessary for Contractor's
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proper performance of this Contract. v
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4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in a
Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates in
presently are nor have ever been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in any governmental contract by any
governmental department or agency within the United States.
4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's
Bidder's Certification, that during the term of this Contract and the three (3) year period w
immediately preceding the award of the Contract, Contractor has not been determined, by a E
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final and binding citation and notice of assessment issued by the Washington Department of
Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction,to be in willful violation of any provision of Washington state wage laws set forth
in RCW 49.46,49.48, or 49.52.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 4
(Rev.2022-11-16)
Packet Pg. 229
8.N.b
4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable E
requirements regarding civil rights. Such requirements prohibit discrimination against
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individuals based on their status as protected veterans or individuals with disabilities, and
prohibit discrimination against all individuals based on their race, color, religion, sex, sexual 0
orientation, gender identity, or national origin.
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4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously aEi
certified in Contractor's Bidder's Certification, that Contractor does NOT require its
employees,as a condition of employment,to sign or agree to mandatory individual arbitration Q
clauses or class or collective action waivers. Contractor further represents and warrants that, c
during the term of this Contract, Contractor shall not, as a condition of employment, require
its employees to sign or agree to mandatory individual arbitration clauses or class or collective i
action waivers. a
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4.8. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within
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the three (3) year period prior to this Contract, neither Contractor nor its principals or
affiliates: (a) have been convicted of or had a civil judgment rendered against them for °-
0
commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, °
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or performing a public (federal, state, local, or tribal) contract or purchase order under a
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public contract; (b) have been in violation of federal or state antitrust statutes or commission CD
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property; (c) have been indicted for or otherwise criminally or
civilly charged by a government entity(federal, state, local, or tribal)with commission of any .i
of the offense enumerated in subsection (b) of this provision; or (d) had one or more public a-
06
contracts (federal, state, local, or tribal)terminated for cause or default.
4.9. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that
Contractor complies fully with all applicable procurement ethics restrictions including, but not 0
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limited to, restrictions against Contractor providing gifts or anything of economic value,
directly or indirectly,to Enterprise Services and Purchasers' employees.
3
4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION(WEBS). Contractor represents and warrants that
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's
contract registration system and that, all of Contractor's information therein is current and i
accurate and that throughout the term of this Contract, Contractor shall maintain an accurate o
profile in WEBS. v
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4.11. WASHINGTON'S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor is a
registered with Washington's Statewide Payee Desk, which registration is a condition to y
payment.
4.12. CONTRACT PROMOTION;ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that
Contractor shall use commercially reasonable efforts both to promote and market the use of E
this Contract with eligible Purchasers and to ensure that those entities that utilize this Q'
Contract are eligible Purchasers. Contractor understands and acknowledges that neither a
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Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting that E
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such Ammunition is the best or only solution to their needs. Accordingly, Contractor further 0
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represents and warrants that Contractor shall make no reference to Enterprise Services, any iZ
Purchaser, or the State of Washington in any promotional material without the prior written
consent of Enterprise Services. m
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STATEWIDE CONTRACT NO.22422—AMMUNITION 5
(Rev.2022-11-16)
Packet Pg. 230
8.N.b
4.13. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been E
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employed or retained to solicit or secure this Contract upon an agreement or understanding Iv
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees
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or bona fide established agents as defined in the Federal Acquisition Regulations. 0
4.14. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced N
bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind aEi
affecting title to any Ammunition that is the subject of this Contract.
4.15. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in a)
Contractor's Bidder's Certification, that Contractor has the operational and financial •N
capability to perform the Contract.
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4.16. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or 0
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a similar contract, is transitioned to another contractor (e.g., Contract expiration or
termination), Contractor shall use commercially reasonable efforts to assist Enterprise
Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to a
effectuate a smooth transition to another contractor to minimize disruption of service and/or 0
0
costs to the State of Washington and such Purchasers; Provided, however, that, if costs are U
incurred, Contractor shall be compensated for such costs consistent with the terms and
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conditions pertaining to this Contract for the sixty (60) day period immediately before such °;
transition.
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4.17. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and
.2
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the a
Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the 06
Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included
Ammunition and Prices. Contractor further represents and warrants that, if during the
Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by 0
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the Ammunition manufacturer to sell such Ammunition in the state of Washington,
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such
3
event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise M
directed in writing by Enterprise Services. rn
4.18. SPORTING ARMS AND MANUFACTURER'S INSTITUTE(SAAMI).Contractor represents and warrants, as U
previously certified in Contractor's Bidder's Certification, all ammunition sold meets the
Sporting Arms and Manufacturer's Institute requirements for specifications, transportation, 0
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and storage requirements.
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5. QUALITY;WARRANTY;REMEDIES. )
5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design,
0
material, and workmanship; (b)fit and safe for the intended purposes; (c)consistent with
recognized industry quality standards; (d) complies with the requirements,specifications,and E
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descriptions included in this Contract; and (e) is produced and delivered in full compliance Q'
with applicable law ("Goods Warranty'). Contractor further warrants that it has good and a
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marketable title to the Ammunition and shall keep Purchaser's property free of liens. If E
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Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold any 0
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payment otherwise due Contractor until Contractor submits proof, in a form satisfactory to U-
Purchaser,that all lienable claims have been fully paid or waived. r
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5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election, E
Contractor promptly shall remedy the defect by replacing any defective Ammunition.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 6
(Rev.2022-11-16)
Packet Pg. 231
8.N.b
Contractor's Goods Warranty support shall include,at Contractor's sole expense,all technical E
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support, parts, materials and equipment, and labor, including freight and "in/out" costs
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required to address the defect. If, in Purchaser's judgment, replacement is inadequate, or
fails of its essential purpose, Contractor shall refund the full amount of any payments that 0
have been made. The rights and remedies of the parties under this warranty are in addition
to any other rights and remedies of the parties provided by law or equity, including, without E
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limitation, actual damages, and, as applicable and awarded under the law, to a prevailing L
party, reasonable attorneys'fees and costs.
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5.3. FAILURE To REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10) c
calendar days after receipt of written notice from Purchaser, or if an emergency exists
rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, i
Purchaser may, without prejudice to any other rights or remedies available to it, replace a'
Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to
Contractor.
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5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support, 0
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including after-hour technical support, at its own cost.
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6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be
cause for termination. a'
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6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor shall meet all OSHA d
and other safety-related federal,state, local,and/or tribal regulatory requirements applicable 06
to Ammunition.
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6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all o
appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment of 0
Ammunition which requires such compliance.
6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are 3
present at Purchaser's premises, Contractor promptly will report in writing all injuries,
accidents, property damage, near-miss incidents, or any claims regarding damages or injury
involving Contractor, its agents, employees, or subcontractors occurring at such premises. f°
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Contractor agrees to cooperate and assist in any Purchaser investigation of incidents. o
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6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or 1
subcontractors shall comply, in all respects,with Purchaser's physical,fire, access,safety, and Q-
0
other security requirements and not interfere with Purchaser's operations. Contractor
represents and warrants that Contractor,its agents,employees,or subcontractors who access
Purchaser's premises will be adequately trained and at all times comply with Purchaser's
requirements.
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7. SUBCONTRACTORS.
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7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, In the event E
Contractor elects to utilize subcontractors to perform this Contract, Contractor shall: L
(a) incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be ii
fully responsible for the performance of any such subcontractors (regardless of tier) and
ensure that subcontractors comply with each and every Contractor obligation set forth in this E
Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding
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STATEWIDE CONTRACT NO.22422—AMMUNITION 7
(Rev.2022-11-16)
Packet Pg. 232
8.N.b
all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and E
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(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of 0
negligence, other tortious fault, or intentional misconduct by any such subcontractors
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(regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor 0
shall provide written notice to Enterprise Services' contract administrator. Such notice shall
confirm that the subcontractor is registered in WEBS and provide the necessary information E
for Enterprise Services' contract administrator to include such subcontractor(s) in L
Washington's Purchasing Contract Management System (PCMS).
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7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such c
report(s) will include subcontractor data, by subcontractor, for any data that Contractor is
required to report as well as a consolidated 'rollup' report combining Contractor and i
subcontractor data. a
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7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or
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certifications set forth in this Contract shall apply to subcontractors (at any tier) and
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Contractor shall not utilize any subcontractors (at any tier) who cannot provide such °-
0
representations or certifications, excepting the certification to be registered with 0
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Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.
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8. USING THE CONTRACT—PURCHASES.
8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract, 5
.2
consistent with the terms hereof and by using any ordering mechanism agreeable both to a
Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, 06
Contractor and Purchaser also shall use telephone orders, email orders, web-based orders,
and similar procurement methods(collectively"Purchaser Order"). All Purchase Orders must
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reference the Contract number. The terms of this Contract shall apply to any Purchase Order 0
and, in the event of any conflict,the terms of this Contract shall prevail. Notwithstanding any
provision to the contrary, in no event shall any 'click-agreement,' software or web-based 3
application terms and conditions, or any other agreement modify the terms and conditions
of this Contract.
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or provided i
as required by this Contract, the Purchase Order used by Purchaser, and as otherwise o
mutually agreed in writing between Purchaser and Contractor. The following apply to all c)
deliveries: 2'
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(a) Contractor shall make all deliveries to the applicable delivery location
specified in the Purchase Order. Such deliveries shall occur during
Purchaser's normal work hours and within the time period mutually agreed
in writing between Purchaser and Contractor.
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(b) Deliveries made to secure facilities and drivers entering those facilities shall Q.
be pre-approved by the Purchaser. Contractor must obtain the required a
clearance prior to any scheduled delivery to secure facilities. w
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(c) Contractor shall ship all Ammunition purchased pursuant to this Contract,
freight charges prepaid by Contractor, FOB Purchaser's specified destination U_
with all transportation and handling charges included. Contractor shall bear
all risk of loss, damage, or destruction of the Ammunition ordered hereunder
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STATEWIDE CONTRACT NO.22422—AMMUNITION 8
(Rev.2022-11-16)
Packet Pg. 233
8.N.b
that occurs prior to delivery, except loss or damage attributable to E
Purchaser's fault or negligence.
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(d) All packing lists, packages, instruction manuals, correspondence, shipping `o
notices, shipping containers, and other written materials associated with this N
Contract shall be identified by the Contract number set forth on the cover of
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this Contract and the applicable Purchaser's Purchase Order number. Packing aEi
lists shall be enclosed with each shipment and clearly identify all contents and ;v
any backorders. Q
8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99%
on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the U
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Purchaser.Adjustments to delivery still within the one-hundred eighty(180)day window must
IL
be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the one- >
hundred eighty(180)day window after receipt of order,Contractor will need to obtain mutual
agreement in writing between Purchaser and Contractor or allow Purchaser to withdraw their a
order. 0
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Upon Purchaser or Enterprises Services request, Contractor must provide documentation v
supporting compliance with this requirement. Documentation must be received by requestor
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within ten (10) days of request. 00
8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product
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ordered, a replacement product equal in price and performance may be substituted. All .2
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products substitutions must be mutually agreed to by Purchaser and Contractor in writing a-
prior to order placement and documented in Purchaser's ordering paperwork. 06
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8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased Under this Contract IS subject L+.
to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. t0
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in
accordance with this Contract and Purchaser's Purchase Order. If there are any apparent 3
defects in the Ammunition at the time of delivery, Purchaser promptly will notify Contractor.
At Purchaser's option, and without limiting any other rights, Purchaser may require
Contractor to replace, at Contractor's expense, any or all damaged Ammunition or, at U
Purchaser's option, Purchaser may note any such damage on the receiving report, decline
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for 0
any Ammunition under such Purchase Order shall not be deemed acceptance.
8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor
will provide, within five (5) days, manufacturer literature that describes specific performance
0
requirements and standards of Ammunition purchased. Upon receipt of manufacturer
literature, Purchaser will provide to Contractor, within five (5) days, supporting E
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documentation describing how the Ammunition does not meet the manufacturer Q-
performance requirements and standards. Afull credit will be issued by the Contractor within a
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ten (10) days. E
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8.7. CUSTOMER SERVICE. Contractor will be available by phone and/or email Monday through Friday ;v
from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within twenty-four U_
(24) hours.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 9
(Rev.2022-11-16)
Packet Pg. 234
8.N.b
9. INVOICING&PAYMENT. E
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9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's ii
designated invoicing contact for Ammunition delivered under this Contract. Such invoices `0
shall itemize the following:
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(a) Contract No. 22422;
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(b) Contractor name, address,telephone number, and email address for billing L
issues (i.e., Contractor Customer Service Representative);
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(c) Contractor's Federal Tax Identification Number;
(d) Date(s) of delivery;
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(e) Applicable Ammunition; 3
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(f) Invoice amount; and
(g) Payment terms, including any available prompt payment discounts. i
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Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be 0-
0
processed for payment until receipt of a complete invoice as specified herein. 0
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9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
CD
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice C00
and conforming Ammunition. Unless Contractor has provided a prompt payment discount
set forth in Exhibit — Included Ammunition and Prices, Purchaser's payment is due within
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due a
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments). 06
Contractor shall provide information necessary to facilitate electronic payments. If Purchaser
fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one
percent (1%) per month on the amount overdue or a minimum of$1. Payment will not be 0
considered late if a check or warrant is mailed within the time specified.
9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any 3
erroneous payment or overpayment. Such refunds shall occur within thirty(30)calendar days
of written notice to Contractor;Provided, however,that Purchaser shall have the right to elect
to have either direct payments or written credit memos issued. If Contractor fails to make i
timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay o
Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty c)
(30)calendar days after notice to Contractor. 1
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9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or
receive advance payment for any Ammunition furnished by Contractor pursuant to this
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Contract.
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9.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or E
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impose any additional charges including, but not limited to, charges for shipping, handling, Q-
insurance, or payment processing with the following exception. Orders that do not meet the a
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minimum order requirement of five(5) cases or more, may be charged an additional shipping E
charge reflective of actual shipping costs which shall not exceed $30.00 per case.TAxEs/FEES. m
Contractor promptly shall pay all applicable taxes on its operations and activities pertaining U-
to this Contract. Failure to do so shall constitute breach of this Contract. Unless otherwise r
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agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on m
purchased Ammunition. Contractor's invoices shall separately state (a)taxable and non-
STATEWIDE CONTRACT NO.22422—AMMUNITION 10
(Rev.2022-11-16)
Packet Pg. 235
8.N.b
taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes, E
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Contractor shall include federal excise taxes only if, after thirty (30) calendar days written Iv
notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate
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from such federal excise taxes. 0
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10. CONTRACT MANAGEMENT.
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10.1. CONTRACT ADMINISTRATION&NOTICES. Except for legal notices,the parties hereby designate the
following contract administrators as the respective single points of contact for purposes of Q
this Contract. Enterprise Services' contract administrator shall provide Contract oversight.
Contractor's contract administrator shall be Contractor's principal contact for business
activities under this Contract. The parties may change contract administrators by written i
notice as set forth below. '
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Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or
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sent via email,and shall be sent to the respective addressee at the respective address or email
m
address set forth below or to such other address or email address as the parties may specify 0-
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in writing: 0
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Enterprise Services Contractor
Attn: Brad Stringfellow Attn: Sean Riley M
Washington Dept. of Enterprise Services Miwall Corporation
PO Box 41411 PO Box 2809
.2
Olympia, WA 98504-1411 Grass Valley, CA 95945 a
Tel: (360)407-9411 (Direct) Tel: (530) 274-8228 06
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(360)407-2213 (Team Line) Email: lesales@miwallcorp.com L
Email: DESContractsTeamFir@des.wa.eov =
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Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon
transmission to the designated email address of said addressee.
3
10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service
representative (and inform Enterprise Services of the same) who shall be responsible for
addressing Purchaser issues pertaining to this Contract. i
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10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. 0
certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent
to the respective addressee at the respective address or email address set forth below or to a
such other address or email address as the parties may specify in writing:
Enterprise Services Contractor
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Attn: Legal Services Manager Attn: Sean Riley c
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Washington Dept. of Enterprise Services Miwall Corporation E
PO Box 41411 PO Box 2809 Q'
Olympia, WA 98504-1411 Grass Valley, CA 95945 w
Email: greg.tolbert@des.wa.gov Email: sean@miwallcorp.com E
0
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, a)U-
upon return receipt, or, if emailed, upon transmission to the designated email address of said
addressee. m
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STATEWIDE CONTRACT NO.22422—AMMUNITION 11
(Rev.2022-11-16)
Packet Pg. 236
8.N.b
11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;&CONTRACTOR REPORTS. E
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11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to Enterprise it
Services, as set forth below. `o
(a) Contract Sales Reporting System. Contractor shall report quarterly Contract
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sales in Enterprise Services' Contract Sales Reporting System. Enterprise
Services will provide Contractor with a login password and a vendor
number. The password and vendor number will be provided to the Sales o,
Reporting Representative(s) listed on Contractor's Bidder Profile. Q
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(b) Data. Each sales report must identify every authorized Purchaser by name rn
as it is known to Enterprise Services and its total combined sales amount
invoiced during the reporting period (i.e., sales of an entire agency or 3
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political subdivision, not its individual subsections). The "Miscellaneous"
option may be used only with prior approval by Enterprise Services. Upon r
request, Contractor shall provide contact information for all authorized
Purchasers specified herein during the term of the Contract. If there are no 0
Contract sales during the reporting period, Contractor must report zero U
sales.
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(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports °;
must be submitted electronically by the following deadlines for all Contract
sales invoiced during the applicable calendar quarter:
.2
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CONTRACT SALES REPORT d
QUARTER FOR SALES MADE IN 06
CALENDAR QUARTER ENDING DUE By PAST DUE
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1 January 1—March 31 April 30 May 1 0
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2 April 1—June 30 July 31 August 1 '
3 July 1—September 30 October 31 November 1 3
4 October 1—December 31 January 31 February 1 �,
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11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management
fee ("VMF") of 1.25 percent on the purchase price for all Contract sales (the purchase price is v
the total invoice price less applicable sales tax).
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is 3
calculated as follows:
Amount owed to Enterprise Services = Total Contract sales invoiced (not
including sales tax)x .0125. c
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(b) The VMF must be rolled into Contractor's current pricing. The VMF must not E
.2-
be shown as a separate line item on any invoice unless specifically requested a
and approved by Enterprise Services. w
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(c) Enterprise Services will invoice Contractor quarterly based on Contract sales M
reported by Contractor. Contractor is not to remit payment until Contractor L
receives an invoice from Enterprise Services. Contractor's VMF payment to L`
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Enterprise Services must reference this Contract number, the year and
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STATEWIDE CONTRACT NO.22422—AMMUNITION 12
(Rev.2022-11-16)
Packet Pg. 237
8.N.b
quarter for which the VMF is being remitted, and Contractor's name as set E
forth in this Contract, if not already included on the face of the check. ;v
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(d) Contractor's failure to report accurate total net Contract sales, to submit a `o
timely Contract sales report, or to remit timely payment of the VMF to N
Enterprise Services, may be cause for Enterprise Services to suspend
a�
Contractor or terminate this Contract or exercise remedies provided by law. E
Without limiting any other available remedies, the parties agree that ;v
Contractor's failure to remit to Enterprise Services timely payment of the Q
VMF shall obligate Contractor to pay to Enterprise Services, to offset the
administrative and transaction costs incurred by the State to identify,
process, and collect such sums, the sum of $200.00 or twenty-five percent U
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(25%) of the outstanding amount, whichever is greater, or the maximum li
allowed by law, if less.
(e) Enterprise Services reserves the right, upon thirty(30) calendar days advance i
written notice, to increase, reduce, or eliminate the VMF for subsequent a
purchases, and reserves the right to renegotiate Contract pricing with �00�
Contractor when any subsequent adjustment of the VMF might justify a
change in pricing.
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11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed
annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold c
(including, as applicable, item number or other identifier), per unit quantities sold, items and
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volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and Contract a-
06
price. This report must be provided in an electronic format that can be read by Microsoft
(MS) Excel. Such report is due within thirty(30)calendar days following the twelve(12)month
anniversary of Contract effective date and annually thereafter. o
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12. RECORDS RETENTION He AUDITS.
3
12.1. RECORDS RETENTION. Contractor shall maintain books records documents and other evidence
pertaining to this Contract and orders placed by Purchasers under it to the extent and in such N
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detail as shall adequately reflect contract performance and administration of purchases,
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payments, taxes, and fees. Contractor shall retain such records for a period of six (6) years
0
following expiration or termination of this Contract or final payment for any order placed by v
a Purchaser against this Contract,whichever is later; Provided, however,that if any litigation, a
claim, or audit is commenced prior to the expiration of this period, such period shall extend
until all such litigation, claims, or audits have been resolved.
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12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit,
applicable records to ensure that Contractor properly has invoiced Purchasers and that
Contractor has paid all applicable vendor management fees to Enterprise Services. Q.
Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly a
authorized agent of a governmental agency, to audit, inspect, examine, copy and/or w
transcribe Contractor's books, documents, papers and records directly pertinent to this
Contract or Purchase Orders placed by a Purchaser under this Contract for the purpose of
making audits,examinations, excerpts, and transcriptions. This right shall survive for a period
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of six (6) years following expiration or termination of this Contract or final payment for any
order placed by a Purchaser against this Contract,whichever is later; Provided, however,that E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 13
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Packet Pg. 238
8.N.b
if any litigation,claim,or audit is commenced prior to the expiration of this period,such period E
shall extend until all such litigation, claims, or audits have been resolved.
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12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy `0
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments
inconsistent with the terms of this Contract or Purchase Orders placed thereunder, at a rate
of 125% of any such overpayments, found as a result of the examination of Contractor's E
records;and (b) reimburse Enterprise Services for any underpayment of vendor management
fees, at a rate of 125% of such fees found as a result of the examination of Contractor's Q
records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor c
would be required to pay to Enterprise Services$500 x 1.25=$625); Provided, however,that,
in the event Contractor timely discovers and corrects any Purchaser overpayment or i
Contractor underpayment of vendor management fees and does so prior to the initiation of a'
any audit, Contractor shall be entitled to reimburse Purchaser or pay to Enterprise Services
the actual amount of such Purchaser overpayment or such underpayment of vendor
management fees. a
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13. INSURANCE. V
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13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the
00
insurance coverages set forth in Exhibit B—Insurance Requirements. All costs for insurance,
including any payments of deductible amounts,shall be considered incidental to and included
in the prices for Ammunition and no additional payment shall be made to Contractor. .2
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13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation 06
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its
employees as may be required by law, Enterprise Services may terminate this Contract. This 0
provision does not waive any of the Washington State Department of Labor and Industries
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf 3
in the State of Washington, and only to the extent of claims against Contractor by Purchaser
under the Indemnity obligations in this Contract, Contractor expressly waives any immunity
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. U
Contractor's indemnification obligation will not be limited in any way by any limitation on the
amount or type of damages,compensation,or benefits payable to or for any third party under 0
workers' compensation acts, disability benefit acts, or other employee benefit acts. The >,
parties expressly acknowledge and certify that the waiver of immunity under Title 51 RCW a
was mutually negotiated and agreed upon.
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14. CLAIMS.
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14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and
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all risks of personal injury or property damage to itself and its employees and agents in Q-
connection with its operations under this Contract. Enterprise Services has made no w
representations regarding any factor affecting Contractor's risks. Contractor shall pay for all E
damage to any Purchaser's property resulting directly or indirectly from Contractor's acts or m
omissions under this Contract.
14.2. THIRD-PARTY CLAIMS;GENERAL INDEMNITY. To the fullest extent permitted by law,Contractor shall c
defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees and E
agents harmless from and against all claims, demands, judgments, assessments, damages,
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penalties, fines costs liabilities or losses including, without limitation sums E
p g paid in
settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "Claims")
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arising out of Contractor's or its successors', agents', or subcontractors' negligence, other
tortious fault,or intentional misconduct under this Contract; Provided, however,that no right 0
to indemnity will exist as to that portion of a Claim resulting from the sole negligence,tortious
fault, or intentional misconduct of Enterprise Services or Purchaser. The parties agree that if E
there are any limitations of Contractor's liability, including a limitation of liability clause for L
anyone for whom the Contractor is responsible, such limitations of liability shall not apply to
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injuries to persons (including death), damages to property, data breach, and/or intellectual a�
property infringement. Contractor shall take all steps needed to keep Purchaser's property N
free of liens arising from Contractor's activities, and promptly obtain or bond the release of
any such liens that may be filed. 3
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14.3. INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Contractor shall
defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and
agents harmless from against any and all Claims resulting from allegations of infringement of a
any patents, copyrights, trade secret, or similar intellectual property rights covering the °o
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use v
of Ammunition and provided by Contractor is enjoined based on an intellectual property a,
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the M
right to continue using the Ammunition or, after consulting with Purchaser and obtaining
Purchaser's consent, replace or modify the Ammunition with substantially similar and
functionally equivalent non-infringing Ammunition. a-
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15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each
U
organization. In such situation, upon notice by either party, each party, within five (5) business days
shall reduce its description of the dispute to writing and deliver it to the other party. The receiving
3
party then shall have three (3) business days to review and respond in writing. In the event that the
parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference N
between the respective senior managers of each organization to attempt to resolve the dispute. In U
the event the parties cannot agree, either party may resort to court to resolve the dispute.
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16. TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES.
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16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of
the parties; (b) by the non-breaching party where the breach is not cured within thirty (30)
calendar days after written notice of breach is delivered to the breaching party, unless a
0
different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly
provided for in this Contract. This Contract shall terminate automatically and without further E
action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or 2-
bankruptcy. In addition to any other available remedies, the non-breaching party may a
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terminate this Contract as provided in subsection (b) above without further liability by written E
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notice to the breaching party. A termination for breach will not affect rights or obligations 0
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accrued or owed before the effective date of the termination notice. ii
16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise
Services may suspend or terminate this Contract and Purchasers may suspend or terminate
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services
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or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably
pp p pp Y �
determines that: (a) a change in Federal or State legislation or applicable laws materially
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affects the ability of either party to perform under the terms of this Contract or applicable
L
Purchase Order;or(b)that a change in available funds affects Purchaser's ability to pay under °
the applicable Purchase Order. A change of available funds as used in this section includes
but is not limited to a change in Federal or State funding, whether as a result of a legislative E
act or by order of the President or the Governor. If a written notice is delivered under this L
provision, Purchaser will reimburse Contractor for Ammunition properly ordered until the
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effective date of said notice. Except as stated in this provision, in the event of termination for a�
nonappropriation or reduction of funds or changes in law, Purchaser will have no obligation N
or liability to Contractor.
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16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may a
terminate this Contract; Provided, however, that such termination for public convenience
must, in Enterprise Services'judgment, be in the best interest of the State of Washington; and
Provided further, that such termination for public convenience shall only be effective upon a
sixty (60) calendar days prior written notice; and Provided further, that such termination for °o
public convenience shall not relieve any Purchaser from payment for Ammunition already v
ordered as of the effective date of such notice. Except as stated in this provision, in the event a,
of such termination for public convenience, neither Enterprise Services nor any Purchaser M
shall have any obligation or liability to Contractor.
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16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept V
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and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor a
06
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to
expiration of this Contract allow for Contractor to provide Ammunition more than twelve(12) o
months beyond the expiration date of the Contract. v
16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination of this
3
Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would N
continue beyond the expiration,termination,or cancellation of the Contract shall so continue U
and survive; and (b) promptly return to Purchaser all keys, badges, and other materials
supplied by Purchaser for the performance of any Purchase Order entered into pursuant to 0
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this Contract.
16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare
Contractor in default of this Contract:
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(a) Contractor fails to perform or comply with any of the terms or conditions of
this Contract;
(b) Contractor fails to timely report contract sales; E
(c) Contractor fails to timely pay the vendor management fees when due; or a
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(d) Contractor breaches any representation or warranty provided herein. E
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16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's L
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operations under this Contract immediately by written cure notice of any default. Suspension
shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; m
Provided, however, that, if after thirty (30) calendar days from such a suspension notice,
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8.N.b
Contractor remains in default, Enterprise Services may terminate Contractor's rights under E
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this Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive
termination of Contractor's rights under this Contract, until such obligations have been L
fulfilled. 0
16.8. REMEDIES FOR DEFAULT.
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(a) Enterprise Services' rights to suspend and terminate Contractor's rights
under this Contract are in addition to all other available remedies. o,
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(b) In the event of termination for default, Enterprise Services may exercise any
remedy provided by law including,without limitation,the right to procure for rn
all Purchasers replacement Ammunition. In such event, Contractor shall be
liable to Enterprise Services for damages as authorized by law including, butIL
3
not limited to, any price difference between the Contract price and the
replacement or cover price as well as any administrative and/or transaction r
costs directly related to such replacement procurement—e.g.,the cost of the
competitive procurement. 0
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16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary,the parties agree that V
in no event shall any party or Purchaser be liable to the other for exemplary or punitive a,
damages; Provided, however, that nothing contained in this Section will in any way exclude M
or limit: (a) a party's liability for all damages arising out of that party's intentional acts or
omissions; (b)the operation of any warranty provided in this Contract; or(c) damages subject
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to the Intellectual Property Indemnity section of this Contract. Any limitation of either party's a-
obligations under this Contract, by delivery slips or other documentation is void. 06
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16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or
termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient 0
suspension or termination. Accordingly, Contractor shall deliver to Purchasers all v
Ammunition that has been ordered and Purchasers shall inspect,accept,and pay for the same
in accordance with this Contract and the applicable Purchase Order. Unless directed by 3
Enterprise Services to the contrary, Contractor shall not process any orders after notice of
suspension or termination inconsistent therewith.
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16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual
written agreement of the parties; (b) by the non-breaching party where the breach is not 0
U
cured within thirty (30) calendar days after written notice of breach is delivered to the
breaching party, unless a different time for cure is otherwise stated in the applicable Purchase a
Order;and (c) as otherwise expressly provided for in the applicable Purchase Order. Purchase in
Orders shall terminate automatically and without further action if a party becomes insolvent
or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any
other available remedies, the non-breaching party may terminate the Purchase Order as m
provided in subsection (b)above without further liability by written notice to the breaching E
party. A termination for breach will not affect rights or obligations accrued or owed before a
the effective date of the termination notice. w
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17. PUBLIC INFORMATION&PUBLIC RECORDS DISCLOSURE REQUESTS. i
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17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this
Contract and all related records are subject to public disclosure as required by Washington's
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Public Records Act, RCW 42.56.
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17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the E
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relevant page(s) of any records provided to Enterprise Services that Contractor believes are
statutorily exempt from disclosure and identify the precise statutory basis for exemption from
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disclosure. In addition, if, in Contractor's judgment, certain portions of such records are not °
statutorily exempt from disclosure but are sensitive because particular portions of
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade E
secret information (or the equivalent) that Contractor protects through the regular use of L
confidentiality or similar agreements and routine enforcements through court enforcement
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actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of a�
any records that include such sensitive information. N
17.3. ENTERPRISE SERVICES'OBLIGATION. In the event that Enterprise Services receives a public records i
disclosure request pertaining to records that Contractor has submitted and marked either as a'
(a) statutorily exempt from disclosure;or(b) sensitive,Enterprise Services, prior to disclosure,
will do the following: Enterprise Services' Public Records Officer will review any records
marked by Contractor as statutorily exempt from disclosure. In those situations, where the a
designation comports with the stated statutory exemption from disclosure, Enterprise °o
Services will redact or withhold the record(s) as appropriate. For records marked 'sensitive' v
or for records where Enterprise Services determines that no statutory exemption to a,
disclosure applies or is unable to determine whether the stated statutory exemption to M
disclosure properly applies, Enterprise Services will notify Contractor,at the address provided
in the Contract, of the public records disclosure request and identify the date that Enterprise
Services intends to release the record(s)(including records marked 'sensitive'or exempt from a
disclosure)to the requester unless Contractor, at Contractor's sole expense, timely obtains a 06
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court order enjoining Enterprise Services from such disclosure. In the event Contractor fails
to timely file a motion for a court order enjoining such disclosure, Enterprise Services will
release the requested record(s)on the date specified. Contractor's failure properly to identify �j
exempted or sensitive information or timely respond after notice of request for public '
disclosure has been given shall be deemed a waiver by Contractor of any claim that such f°
3
records are exempt or protected from public disclosure.
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18. GENERAL PROVISIONS. v
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18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Contract.
18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall obtain >,
all necessary permits and approvals and give all stipulations, certifications, and a
representations that may be required for it to perform this Contract.
18.3. ENTIRE AGREEMENT. This Contract constitutes the entire agreement and understanding of the
parties with respect to the subject matter and supersedes all prior negotiations,
representations, and understandings between them. There are no representations or E
understandings of any kind not set forth herein. Q'
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18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended w
or modified except in writing and signed by a duly authorized representative of each party. E
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18.5. AUTHORITY. Each party to this Contract, and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter into
this Contract and that its execution, delivery,and performance of this Contract has been fully E
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authorized and approved,and that no further approvals or consents are required to bind such E
party.
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18.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall `o
be or is intended to be created by or under this Contract. Neither party is an agent of the
other party nor authorized to obligate it.
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18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is M
created by this Contract. Contractor and its employees or agents performing under this Q
Contract are not employees or agents of Enterprise Services. Contractor shall not have
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or
understanding, except as expressly set forth herein. Contractor and its employees and agents
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are not entitled to unemployment insurance or worker's compensation benefits through 3
Enterprise Services or the State of Washington and Enterprise Services and the State of a
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Washington will not pay for or otherwise provide such coverage for Contractor and its
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employees and agents.
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18.8. ASSIGNMENT. Contractor may not assign its rights under this Contract without Enterprise 0
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Services' prior written consent and Enterprise Services may consider any attempted U
assignment without such consent to be void; Provided, however, that, if Contractor
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(a) provides written notice to Enterprise Services within thirty (30) calendar days of such °;
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent
Agreement, Contractor may assign its rights under this Contract in full to any parent,
.2
subsidiary,or affiliate of Contractor that controls or is controlled by or under common control a
with Contractor, is merged or consolidated with Contractor, or purchases a majority or 06
controlling interest in the ownership or assets of Contractor. Unless otherwise agreed,
Contractor guarantees prompt performance of all obligations under this Contract
notwithstanding any prior assignment of its rights. 0
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18.9. BINDING EFFECT; SUCCESSORS &ASSIGNS. This Contract shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns. 3
18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably '
N
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or U
cause of action which Contractor now has or which may accrue to Contractor in the future by r
reason of any violation of state or federal antitrust laws in connection with any Ammunition 0
provided in Washington for the purpose of carrying out Contractor's obligations under this >,
Contract, including, at Enterprise Services' option, the right to control any such litigation on a
such claim for relief or cause of action. '
18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition
pursuant to this Contract,such Purchaser shall specify,with its Purchase Order,any applicable
requirement or certification that must be satisfied by Contractor at the time the Purchase E
Order is placed or upon delivery of such Ammunition to Purchaser. Q'
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18.12. SEVERABIUTY. If any provision of this Contract is held to be invalid or unenforceable, such w
provision shall not affect or invalidate the remainder of this Contract, and to this end the E
provisions of this Contract are declared to be severable. If such invalidity becomes known or ;v
apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt 'l
to amend such provision as nearly as possible to be consistent with the intent of this Contract.
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18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and E
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or M
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to notify the other party in the event of breach, shall not release the other party of any of its
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obligations under this Contract, nor shall any purported oral modification or rescission of this 0
Contract by either party operate as a waiver of any of the terms hereof. No waiver by either
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party of any breach, default, or violation of any term, warranty, representation, contract, E
covenant, right, condition, or provision hereof shall constitute waiver of any subsequent L
breach, default, or violation of the same or other term, warranty, representation, contract,
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covenant, right, condition, or provision. 0�
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18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth
in or otherwise made pursuant to this Contract shall survive and remain in effect following i
the expiration or termination of this Contract, Provided, however, that nothing herein is a'
intended to extend the survival beyond any applicable statute of limitations periods.
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18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract
shall be governed by and construed in accordance with the laws of the State of Washington, °-
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without regard to any choice of law principles that would provide for the application of the U
laws of another jurisdiction.
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18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this M
Contract,the parties agree to exclusive jurisdiction in Thurston County Superior Court for the
State of Washington and agree that in any such action venue shall lie exclusively at Olympia,
.2
Washington. a
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18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract,
each party shall bear its own attorneys'fees and costs. L
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18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be construed as a 0
whole according to their common meaning and not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and 3
purposes of this Contract. Each party hereto and its counsel has reviewed and revised this
Contract and agrees that the normal rules of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be construed in the interpretation of U
this Contract. Each term and provision of this Contract to be performed by either party shall r
be construed to be both a covenant and a condition. o
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18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the 2'
parties shall each do whatever may reasonably be necessary to accomplish the transactions
contemplated in this Contract including, without limitation, executing any additional
documents reasonably necessary to effectuate the provisions and purposes of this Contract.
18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in their m
entirety. E
18.21. CAPTIONS&HEADINGS. The captions and headings in this Contract are for convenience only and w
are not intended to, and shall not be construed to, limit, enlarge,or affect the scope or intent E
of this Contract nor the meaning of any provisions hereof.
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18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any ii
other ancillary agreement shall be deemed to have the same legal effect as delivery of an
original executed copy of this Contract or such other ancillary agreement for all purposes. E
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Packet Pg. 245
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18.23. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which E
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shall be deemed an original and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
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Contract at different times and places by the parties shall not affect the validity thereof so °
long as all the parties hereto execute a counterpart of this Contract.
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EXECUTED as of the date and year first above written.
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STATE OF WASHINGTON MIWALL CORPORATION,
Department of Enterprise Services a California Corporation N
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By: By: &a��w 1
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Elena McGrew Sean Riley
Its: Procurement Manager Its: Manager
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STATEWIDE CONTRACT NO.22422—AMMUNITION 21
(Rev.2022-11-16)
Packet Pg. 246
8.N.b
EXHIBIT A E
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INCLUDED AMMUNITION AND PRICES
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All Ammunition: °
■ Shall be factory new, not reloaded or remanufactured
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■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical
specifications,transportation, storage Q
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HANDGUN AMMUNITION
# Manufacturer Bullet Style Product Product Caliber Grain Rounds Price
Name Code(SKU) per Case per Case 3
1 Hornady Full Metal Jacket HORNADY 90269 9MM 115 1,000 $ 280.
TRAI N
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2 Hornady Total Metal Jacket or Brass HORNADY 90269 9MM 115 1,000 $ 280. a,
Enclosed Base TRAIN o
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3 Hornady Hollow Point+P CRITICAL 90215 9MM 124 500 $ 279. U
DUTY r
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4 Hornady Tactical +P CRITICAL 90215 9MM 124 500 $ 279. M
DUTY
5 Hornady Bonded,Jacketed Hollow Point CRITICAL 90225 9MM 135 500 $ 279.
Lead Slug DUTY a
6 Hornady Full Metal Jacket Training Brass HORNADY 90238 9MM 135 500 $ 208. 06
Luger TRAIN L
7 Hornady Jacketed Hollow Point, Not CRITICAL 91375 0.40 175 500 $ 295. o
Bonded DUTY L
8 Hornady Full Metal Jacket HORNADY 91374 0.40 180 500 $ 248.
TRAI N 3
9 Hornady Full Metal Jacket Training Brass HORNADY 90924 0.45 220 500 $ 279.
TRAI N
10 Hornady Bonded Hollow Point CRITICAL 90925 0.45 230 500 $ 343.
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DUTY o
11 Hornady Jacketed Hollow Point CRITICAL 90925 0.45 230 500 $ 343. L,
DUTY Q.
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12 Hornady PROTECTED HOLLOW POINT CRITICAL 90235 9MM 135 500 $ 279.
DUTY
13 Hornady PROTECTED HOLLOW POINT CRITICAL 91295 357 135 500 $ 355.
DUTY SIG
14 Hornady PROTECTED HOLLOW POINT CRITICAL 90515 357 135 500 $ 360. E
DUTY MAG
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15 Hornady PROTECTED HOLLOW POINT CRITICAL 91255 10MM 175 500 $ 366. w
DUTY E
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16 Hornady FRANGIBLE FRANGIBLE 90230 9MM 90 500 $ 273. ;v
TRAINING ILL
17 Hornady FRANGIBLE FRANGIBLE 91285 357 90 500 $ 339.
TRAINING SIG E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 22
(Rev.2022-11-16)
Packet Pg. 247
8.N.b
# Manufacturer Bullet Style Product Product Caliber Grain Rounds Price
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Name Code (SKU) per Case per Case ;v
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18 Hornady FRANGIBLE FRANGIBLE 91319 40 125 500 $ 339. `o
TRAINING S&W N
19 Hornady FRANGIBLE FRANGIBLE 90931 45 ACP 145 500 $ 335.
TRAINING E
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RIFLE AMMUNITION
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code(SKU) per Case per Case i
1 Hornady Pointed Soft Point TAP 80255 0.223 55 500 $ 334. a
2 Hornady Full Metal Jacket, Boat Tail TAP TRAINING 80271 0.223 55 500 $ 237.
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3 Hornady Ballistic Tip TAP 83276 0.223 55 200 $ 168.
4 Hornady Soft Point TAP 80255 0.223 55 500 $ 334. o
5 Hornady Full Metal Jacket TAP TRAINING 81278 0.223 55 500 $ 237. Uo
6 Hornady Bonded Soft Point TAP 8125C 0.223 62 500 $ 356. r
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7 Hornady Bonded Soft Point TAP SBR 81295 0.223 75 200 $ 181. M
8 Hornady Boat Tail Hollow Point TAP 8126N 0.223 75 200 $ 168.
9 Hornady GMX TAP Patrol TAP PATROL 81275 5.56 53 200 $ 227.
10 Hornady GMX TAP TAP 80865 300 110 200 $ 258. a
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11 Hornady SUB-X TAP 80895 300 190 200 $ 225. L
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12 Hornady ELD TAP Precision TAP ELD-M 80905 0.308 155 200 $ 265. t i
13 Hornady GMX TAP Barrier TAP BARRIER 80985 0.308 165 200 $ 401.
14 Hornady A-MAX TAP Precision TAP 80965 0.308 168 200 $ 265. 3
15 Hornady Ballistic Tip TAP ELD-M 80725 0.308 168 200 $ 265.
16 Hornady V-MAX BALLISTIC TIP TAP URBAN 80885 300 BLK 110 200 $ 220.
17 Hornady NTX TAP TRAINING 80864 300 BLK 110 500 $ 518.
18 Hornady FRANGIBLE TAP TRAINING 80870 300 BLK 110 500 $ 444. v
19 Hornady BALLISTIC TIP TAP URBAN 83286 0.223 60 200 $ 168. 2,
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20 Hornady BOATTAIL HOLLOW POINT TAP 80265 0.223 75 200 $ 168.
21 Hornady CX TAP BARRIER TAP BARRIER 81265 5.56 70 200 $ 227.
22 Hornady BOAT TAIL HOLLOW POINT TAP TRAINING 81292 5.56 75 500 $ 303.
23 Hornady TIPPED MATCH TAP 81605 61VIM 106 200 $ 217.
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24 Hornady CX TAP BARRIER TAP BARRIER 81485 6.5 CRD 140 200 $ 360.
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25 Hornady ELD TAP PRECISION TAP ELD-M 81505 6.5 CRD 147 200 $ 289. w
26 Hornady BALLISTIC TIP TAP URBAN 80896 0.308 110 200 $ 265. E
27 Hornady ELD TAP PRECISION AR TAP ELD-M AR 80715 0.308 168 200 $ 265. .L
28 Hornady ELD TAP PRECISION TAP ELD-M 82045 300 WM 178 200 $ 306. r
29 Hornady ELD TAP PRECISION TAP ELD-M 81215 300 PRC 225 200 $ 414.
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STATEWIDE CONTRACT NO.22422-AMMUNITION 23
(Rev.2022-11-16)
Packet Pg. 248
8.N.b
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
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Code(SKU) per Case per Case Iv
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30 Hornady ELD PRECISION ELD-M 81528 6.5 123 200 $ 216. `o
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31 Hornady ELD PRECISION ELD-M 82300 338 LAP 285 120 $ 584.
32 Hornady BALLISTIC TIP A-MAX 8270 50 BMG 750 1100 $ 677. E
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LEAD-FREE RIFLE AMMUNITION (GREEN) c
Manufacturer Bullet Style Caliber Grain Product Name Product Rounds Price Per Ca! t
Code (SKU) per Case U
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Hornady Non-Toxic Frangible 0.223 42 TAP TRAINING 81251 500 $ 414.17 a
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Hornady CX TAP PATROL 5.56 53 TAP PATROL 80295 200 $ 227.07 r
Hornady CX TAP HEAVY BARRIER 0.308 165 TAP BARRIER 80985 200 $ 401.54 m
Hornady Monoflex TAP SBR 300 Blackout 111 TAP 80865 200 $ 258.14 0
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SHOTGUN AMMUNITION M
# Manufacturer Bullet Style Product Product Caliber Pellet Rounds Price
Name Code (SKU) Count per Case per Case
1 Hornady 00 Buck Shot, Low TAP 86265 12 Gauge, 2-3/4" 9 100 $ 86.4 a
Recoil 1 06
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2 Hornady Hollow Point, Rifled TAP 86285 12 Gauge, 2-3/4" n/a 100 $ 142.7
Slug
3 Hornady Slug, Duty, Practice TAP 86235 12 Gauge, 1" n/a 100 $ 153.0 Lj
4 Hornady 00 Buck Shot, Mag Load TAP 86275 12 Gauge, 2-1/2" 8 100 $ 101.0
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SHOTGUN AMMUNITION, LEAD-FREE(GREEN)
Manufacturer Bullet Style Product Name Product Caliber Pellet Shells per Price Per i
Code (SKU) Count Case Case o
Hornady REDUCED RECOIL SLUG TAP ENTRY 86245 12 Gauge N/A 100 $ 202. L,
FRANGIBLE 0.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 24
(Rev.2022-11-16)
Packet Pg. 249
8.N.b
EXHIBIT B E
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INSURANCE REQUIREMENTS
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1. INSURANCE OBLIGATION. During the Term of this Contract, Contractor shall possess and maintain in U'
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full force and effect, at Contractor's sole expense,the following insurance coverages:
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a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance ;v
(and, if necessary,commercial umbrella liability insurance)covering bodily injury, Q
property damage, products/completed operations, personal injury, and
advertising injury liability on an 'occurrence form' that shall be no less
comprehensive and no more restrictive than the coverage provided by Insurance i
Services Office (ISO) under the most recent version of form CG 00 01 in the '
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amount of not less than $1,000,000 per occurrence and $2,000,000 general
aggregate. This coverage shall include blanket contractual liability coverage. This
coverage shall include a cross-liability clause or separation of insured condition. a
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b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable 0
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Workers' Compensation or Industrial Accident insurance providing benefits as
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required by law. rn
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c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if
necessary, commercial umbrella liability insurance) with limits not less than 5.2
$1,000,000 each accident for bodily injury by accident, $1,000,000 each a
employee for bodily injury by disease, and $1,000,000 bodily injury by disease 06
policy limit. The insurance coverage limits set forth herein are the minimum.
Contractor's insurance coverage shall be no less than the minimum amounts
specified. Coverage in the amounts of these minimum limits, however, shall not 0
be construed to relieve Contractor from liability in excess of such limits.
Contractor waives all rights against the State of Washington for the recovery of 3
damages to the extent such damages are covered by any insurance required
herein.
d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE(applicable If Contractor Uses a Vehicle i
to access Purchasers' premises). 'Symbol 1' commercial automobile liability o
coverage (and, if necessary, commercial umbrella liability insurance) including U
coverage for all owned,hired,and non-owned vehicles. The combined single limit 2'
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per accident shall not be less than $1,000,000.
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington's Office of Risk Management.
Insurance coverage shall be provided by companies authorized to do business within the State of
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Washington and rated A- Class VII or better in the most recently published edition of Best's Q-
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) w
with an unacceptable financial rating. E
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3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile Iv
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Liability shall include the State of Washington and all authorized Purchasers (and their agents,
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured 0
Endorsement attached to the Certificate of Insurance on such insurance policies.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 25
(Rev.2022-11-16)
Packet Pg. 250
8.N.b
4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to Enterprise E
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Services, as evidence of the insurance coverage required by this Contract, a certificate of
insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and
minimum amounts, has been secured. In addition, no less than ten (10) calendar days prior to 0
coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed
certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated E
kinds and minimum amounts, has been secured. Failure to maintain or provide proof of L
insurance, as required, will result in contract cancellation. All policies and certificates of
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insurance shall include the Contract number stated on the cover of this Contract. All certificates a�
of Insurance and any related insurance documents shall be sent via email to Enterprise Services, N
and shall be sent to the email address set forth below:
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Email: DESContractsTeamFir@des.wa.gov a
Note: For Email notice,the Email Subject line must state: >
Contract Insurance Certificate—Contract No. 22422—Ammunition i
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5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution 0
from any insurance or self-insurance maintained by,or provided to,the additional insureds listed v
above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or a,
self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance M
provided by Contractor or subcontractors. a�
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6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required a
insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any 06
such subcontractor to provide insurance that complies with all applicable requirements of the
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
for each subcontractor. Each subcontractor must comply fully with all insurance requirements 0
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stated herein. Failure of any subcontractor to comply with insurance requirements does not limit
Contractor's liability or responsibility. f°
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7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of rn
Washington and any Purchaser for the recovery of damages to the extent such damages are or U
would be covered by the insurance specified herein.
0
8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of �,
aggregate limits, or intent not to renew insurance coverage, either in whole or in part,without at a
least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise Services.
Failure to provide such notice, as required, shall constitute default by Contractor. Any such
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written notice shall include the Contract number stated on the cover of this Contract.
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9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather E
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than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) a
years following expiration or termination of the Contract. w
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* * * END OF INSURANCE REQUIREMENTS * * * R
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STATEWIDE CONTRACT NO.22422—AMMUNITION 26
(Rev.2022-11-16)
Packet Pg. 251
8.N.b
WA 22422 Miwall Contract
Final Audit Report 2023-12-19 E
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Created: 2023-12-19 L-
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By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov) N
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Status: Signed
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Transaction ID: CBJCHBCAABAAEoLcl6l9bRmVonUT2FasLkimBl3zHgpv ;v
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"WA 22422 Miwall Contract" History
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71 Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov)
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2023-12-19-0:41:53 AM GMT d
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Document emailed to Sean Riley (sean@miwallcorp.com)for signature U
2023-12-19-0:42:51 AM GMT r
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s Email viewed by Sean Riley (sean@miwallcorp.com)
2023-12-19-4:28:37 PM GMT S
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Signature Date:2023-12-19-4:48:31 PM GMT-Time Source:server L
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Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature v
2023-12-19-4:48:32 PM GMT
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1 Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov)
2023-12-19-6:19:19 PM GMT j
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Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov) o
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Signature Date:2023-12-19-6:19:56 PM GMT-Time Source:server >,
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Agreement completed. U)
2023-12-19-6:19:56 PM GMT c
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Packet Pg. 252
8.N.b
Handgun Ammunition
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Product Code Rounds Price
# Manufacturer Bullet Style Product Name Caliber Grain
(SKU) per Case per Case
1 Hornady Full Metal Jacket HORNADY TRAIN 90269 9MM 115 1,000 $ 280.00 0
Total Metal Jacket or Brass V
2 Hornady HORNADY TRAIN 90269 91VIM 115 1,000 $ 280.00
Enclosed Base
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3 Hornady Hollow Point+P CRITICAL DUTY 90215 9MM 124 500 $ 279.44 00
4 Hornady Tactical +P CRITICAL DUTY 90215 9MM 124 500 $ 279.44 a,
d Bonde ,Jacketed Hollow Point �
5 Hornady Leaded,g CRITICAL DUTY 90225 9MM 135 500 $ 279.44 a
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6 Hornady Full Metal Jacket Training Brass HORNADY TRAIN 90238 9MM 135 500 $ 208.07 Ca
Jacketed Hollow Point Not
7 Hornady CRITICAL DUTY 91375 0.40 175 500 $ 295.03 r
Bonded =
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8 Hornady Full Metal Jacket HORNADY TRAIN 91374 0.40 180 500 $ 248.26 v
9 Hornady Full Metal Jacket Training Brass HORNADY TRAIN 90924 0.45 220 500 $ 279.99
10 Hornady Bonded Hollow Point CRITICAL DUTY 90925 0.45 230 500 $ 343.13 3
11 Hornady Jacketed Hollow Point CRITICAL DUTY 90925 0.45 230 500 $ 343.13
12 Hornady PROTECTED HOLLOW POINT CRITICAL DUTY 90235 9MM 135 500 $ 279.44
13 Hornady PROTECTED HOLLOW POINT CRITICAL DUTY 91295 357 SIG 135 500 $ 355.75
14 Hornady PROTECTED HOLLOW POINT CRITICAL DUTY 90515 357 MAG 135 500 $ 360.80 0
15 Hornady PROTECTED HOLLOW POINT CRITICAL DUTY 91255 10MM 175 500 $ 366.18 >,
16 Hornady FRANGIBLE FRANGIBLE TRAINING 90230 9MM 90 500 $ 273.51 a
17 Hornady FRANGIBLE FRANGIBLE TRAINING 91285 357 SIG 90 500 $ 339.50 U)
18 Hornady FRANGIBLE FRANGIBLE TRAINING 91319 40 S&W 125 500 $ 339.50
19 Hornady FRANGIBLE FRANGIBLE TRAINING 90931 45 ACP 145 500 $ 335.00
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Rifle Ammunition
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Product Code Rounds Price
# Manufacturer Bullet Style Product Name Caliber Grain
(SKU) per Case per Case a
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1 Hornady Pointed Soft Point TAP 80255 0.223 55 500 $ 334.78 U
2 Hornady Full Metal Jacket, Boat Tail TAP TRAINING 80271 0.223 55 500 $ 237.17
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3 Hornady Ballistic Tip TAP 83276 0.223 55 200 $ 168.43
4 Hornady Soft Point TAP 80255 0.223 55 500 $ 334.78
5 Hornady Full Metal Jacket TAP TRAINING 81278 0.223 55 500 $ 237.17 V
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6 Hornady Bonded Soft Point TAP 8125C 0.223 62 500 $ 356.30 a
06
7 Hornady Bonded Soft Point TAP SBR 81295 0.223 75 200 $ 181.28
8 Hornady Boat Tail Hollow Point TAP 8126N 0.223 75 200 $ 168.43
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9 Hornady GMX TAP Patrol TAP PATROL 81275 5.56 53 200 $ 227.07 0
10 Hornady GMX TAP TAP 80865 300 blackout 110 200 $ 258.14 U
11 Hornady SUB-X TAP 80895 300 blackout 190 200 $ 225.09
12 Hornady ELD TAP Precision TAP ELD-M 80905 0.308 155 200 $ 265.61 3
13 Hornady GMX TAP Barrier TAP BARRIER 80985 0.308 165 200 $ 401.54
14 Hornady A-MAX TAP Precision TAP 80965 0.308 168 200 $ 265.61
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15 Hornady Ballistic Tip TAP ELD-M 80725 0.308 168 200 $ 265.61
16 Hornady V-MAX BALLISTIC TIP TAP URBAN 80885 300 BLK 110 200 $ 220.59 0
17 Hornady NTX TAP TRAINING 80864 300 BLK 110 500 $ 518.70 V
18 Hornady FRANGIBLE TAP TRAINING 80870 300 BLK 110 500 $ 444.58 a
19 Hornady BALLISTIC TIP TAP URBAN 83286 0.223 60 200 $ 168.43
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20 Hornady BOAT TAIL HOLLOW POINT TAP 80265 0.223 75 200 $ 168.43
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21 Hornady CX TAP BARRIER TAP BARRIER 81265 5.56 70 200 $ 227.07
22 Hornady BOAT TAIL HOLLOW POINT TAP TRAINING 81292 5.56 75 500 $ 303.27 a0i
23 Hornady TIPPED MATCH TAP 81605 6MM ARC 106 200 $ 217.51 E
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24 Hornady CX TAP BARRIER TAP BARRIER 81485 6.5 CRD 140 200 $ 360.36 a
25 Hornady ELD TAP PRECISION TAP ELD-M 81505 6.5 CRD 147 200 $ 289.54 W
26 Hornady BALLISTIC TIP TAP URBAN 80896 0.308 110 200 $ 265.61 E
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27 Hornady ELD TAP PRECISION AR TAP ELD-M AR 80715 0.308 168 200 $ 265.61 P
28 Hornady ELD TAP PRECISION TAP ELD-M 82045 300 WM 178 200 $ 306.56 u_
29 Hornady ELD TAP PRECISION TAP ELD-M 81215 300 PRC 225 200 $ 414.93
30 Hornady ELD PRECISION ELD-M 81528 6.5 GREN 123 200 $ 216.53 E
31 Hornady ELD PRECISION ELD-M 82300 338 LAP 285 120 $ 584.75
32 Hornady BALLISTIC TIP A-MAX 8270 50 BMG 750 100 $ 677.14 Q
Packet Pg. 254
8.N.b
LEAD-FREE RIFLE AMMUNITION (GREEN)
Product Rounds Price Per
Manufacturer Bullet Style Caliber Grain Product Name
Code(SKU) per Case Case a
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Hornady Non-Toxic Frangible 0.223 42 TAP TRAINING 81251 500 $ 414.17 U
Hornady CX TAP PATROL 5.56 53 TAP PATROL 80295 200 $ 227.07 "
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Hornady CX TAP HEAVY BARRIER 0.308 165 TAP BARRIER 80985 200 $ 401.54
Hornady Monoflex TAP SBR 300 Blackout 111 ITAP 80865 200 $ 258.14 0
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Shotgun Ammunition
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Product Code Pellet Rounds Price a
# Manufacturer Bullet Style Product Name Caliber aD
(SKU) Count per Case per Case a
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1 Hornady 00 Buck Shot, Low Recoil TAP 86265 12 Gauge,2-3/4" 9 100 $ 86.41 U
2 Hornady Hollow Point, Rifled Slug TAP 86285 12 Gauge,2-3/4" n/a 100 $ 142.74
00
3 Hornady Slug, Duty, Practice TAP 86235 12 Gauge, 1" n/a 100 $ 153.06 M
4 Hornady 00 Buck Shot, Mag Load TAP 86275 12 Gauge,2-1/2" 8 100 $ 101.02 OY
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SHOTGUN, LEAD-FREE(GREEN)
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Count Case Case
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Hornady REDUCED RECOIL SLUG TAP ENTRY FRANGIBLE 86245 12 Gauge N/A 100 $ 202.03 U
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Washington State 0
DEPARTMENT OF
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STATEWIDE CONTRACT
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No. 22422
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AMMUNITION V
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CATEGORIES: HANDGUN—PEND OREILLE BALLISTICS;RIFLE—PEND OREILLE BALLISTICS 00
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For Use by Eligible Purchasers a
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By and Between
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STATE OF WASHINGTON
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DEPARTMENT OF ENTERPRISE SERVICES
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NPOC LLC,DBA PEND OREILLE BALLISTICS
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Dated January 1, 2024 w
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STATEWIDE CONTRACT O
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No. 22422 c
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AMMUNITION aEi
CATEGORIES: HANDGUN—PEND OREILLE BALLISTICS;RIFLE—PEND OREILLE BALLISTICS
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This Washington Statewide Contract ("Contract") is made and entered into by and between the State of S
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Washington acting by and through the Department of Enterprise Services, a Washington State
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governmental agency("Enterprise Services")and NPOC LLC, DBA Pend Oreille Ballistics,a Washington LLC
("Contractor") and is dated and effective as of January 1, 2024. li
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RECITALS c��a
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A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of o
Washington, is authorized to develop, solicit, and establish enterprise procurement j
solutions, including statewide contracts, for goods and services to support Washington
state agencies. See RCW 39.26.050(1). The Washington State Legislature also has M
authorized Enterprise Services to make these contracts available, pursuant to an
agreement in which Enterprise Services ensures full cost recovery,to other local or federal c'
government agencies or entities, public benefit nonprofit organizations, and any tribes •2
located in the State of Washington. See RCW 39.26.050(1) & (2). a
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B. Certain Washington state agencies and other eligible purchasers need to procure
specified types of ammunition products ("Ammunition") from qualified, professional
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued 0
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Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive
Solicitation to establish Contracts for specified categories of Ammunition, by
manufacturer, to enable eligible purchasers to procure Ammunition from awarded 0`
Contractors in a cost effective, efficient manner using the terms and conditions of the
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Contract. a
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified N
Contractor as an apparent successful bidder for the above-referenced Contract
Category(ies).
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D. Enterprise Services has determined that entering into this Contract will meet the >,
identified needs and be in the best interest of the State of Washington. a
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E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as Cl)
set forth herein.
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AGREEMENT
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NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the
parties hereto hereby agree as follows: w
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1. TERM. The term of this Contract is twenty-four(24) months,commencing January 1, 2024 and ending i
December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1, 2025, in ii
Enterprise Services' reasonable judgment, Contractor satisfactorily has met the performance-based
goals for contract extension, Enterprise Services shall extend the term of this Contract, by written E
amendment, for up to thirty-six (36) additional months. Such extension amendment shall be on the U
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STATEWIDE CONTRACT NO.22422—AMMUNITION 1
(Rev.2022-11-16)
Packet Pg. 259
8.N.c
same terms and conditions as set forth in this Contract. To earn the performance-based Contract ,o
term extension, Contractor must achieve the following performance-based metrics: r
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION E
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Annual Detailed Sales Contractor timely provides to Enterprise Services, with no less a,
than a 100%on time rate,the annual detailed sales report. See Q
Report:
§ 11.3.
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Contractor shall maintain a 95% on-time delivery rate with a
On-time Delivery goal of 99%on-time deliveries. See §8.3. a
Contractor timely provides to Enterprise Services at the
Insurance designated address, without exception, annual insurance
Endorsements: endorsements for the insurance coverages required by this o
Contract. See Exhibit 8—Insurance Requirements at § 13. 0
Contractor timely remits to Enterprise Service,with no less than
a 75% on time rate over the contract term, the applicable 00
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Vendor Management Fee (VMF).
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Note: Contractor must pay the VMF within thirty (30) calendar
Vendor Management .2
Fee: days of invoice from Enterprise Services. If Contractor is a
delinquent in timely paying the VMF for three (3) or more Ca
quarters within the first nine (9) quarters of the Contract term, U
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Contractor will not be eligible for a performance-based
extension. °
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Contractor timely provides to Enterprise Services, with no less
than a 75% on time rate over the contract term, the required L
Contract quarterly sales reports. 0
Contract Note: Contractor must provide the quarterly sales reports to
Sales Reports: Enterprise Services within thirty (30) calendar days of the a
quarter's end. If Contractor is delinquent in providing the
quarterly sales reports for three(3)or more quarters within the
first nine (9) quarters of the Contract term, Contractor will not c
be eligible for a performance-based extension. v
21
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2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an
eligible "Purchaser"):
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2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions,
boards, and commissions.
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2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions
of higher education in Washington: w
■ State universities — i.e., University of Washington & Washington State
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University;
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■ Regional universities — i.e., Central Washington University, Eastern
Washington University, &Western Washington University °
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■ Evergreen State College; U
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STATEWIDE CONTRACT NO.22422—AMMUNITION 2
(Rev.2022-11-16)
Packet Pg. 260
8.N.c
■ Community colleges; and ,o
■ Technical colleges.
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2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed E
a Contract Usage Agreement with Enterprise Services: ;v
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■ Political subdivisions (e.g., counties, cities, school districts, public utility Q
districts) in the State of Washington;
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■ Federal governmental agencies or entities; z
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■ Public-benefit nonprofit corporations (i.e., §501(c)(3) nonprofit a
corporations that receive federal, state, or local funding); and
■ Federally-recognized Indian Tribes located in the State of Washington.
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3. SCOPE—INCLUDED AMMUNITION AND PRICE. O
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3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only
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the Ammunition specified in ExhibitA—Included Ammunition and Prices at the Prices set forth CD
in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any
Purchaser under this Contract that Contractor has contractual authority to sell or provide any
goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices. .2
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3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the oa
parties, Enterprise Services reserves the right to modify the Ammunition included in this U
Contract; Provided, however, that any such modification shall be effective only upon thirty r
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(30) calendar days advance written notice; and Provided further, that any such modification o
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must be within the scope of the Competitive Solicitation for this Contract.
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3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this L
Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA — O
Included Ammunition and Prices may be adjusted upon Contractor request. c
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Requests for price adjustment must be made in writing and be received between October 15 a
and December 15 of each calendar year to be eligible for an adjustment on the following
February 1. In the event Contractor fails to timely request a price adjustment, Enterprise
Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that c
such adjustment will not be effective for any time prior to Enterprise Services' price v
adjustment, and Contractor is in good standing, by reasonably performing Contract a
obligations, including timely sales reporting and paying vendor management fees as required
herein, are eligible for economic adjustments.
Price adjustments will be made in accordance with the average percentage change in the
United States Department of Labor, Bureau of Labor and Statistics(BLS) Produce Price Indices
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(PPI) below issued for the contract term. Only final published data will be used. Q-
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PCU332992332992 (Small Arms Ammunitions Manufacturing) w
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Economic adjustment will lag one(1)calendar quarter past the Contract commencement date
to allow for publication of BLS data. All calculations for the index shall be based upon the
latest version of data published as of December 1st each year. Prices may be adjusted and M
effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a direct
substitute for the prior index according to the BLS), this Contract will use the recoded index, E
as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy r
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STATEWIDE CONTRACT NO.22422—AMMUNITION 3
(Rev.2022-11-16)
Packet Pg. 261
8.N.c
index. If there is not a direct substitute, the next higher aggregate index available will be ,o
used. The economic adjustment shall be calculated as follows: r
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New Price=Old Price x (Current Period Index/Base Period Index).
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The "Current Period Index" is the average of the most recent twelve months of non- ;v
preliminary BLS Index values,and the"Base Period Index"is the average of the twelve months Q
of non-preliminary BLS Index values prior to the Current Period Index.
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3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of
this Contract,Contractor guarantees to provide the Ammunition at no greater than the prices
set forth in Exhibit — Included Ammunition and Prices (subject to economic adjustment as a
set forth herein).
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3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers a,
information regarding this Contract, including scope, pricing, and lowest responsive, c
responsible bidder designation. In addition, Enterprise Services identifies awarded U
contractors who qualify as Washington Small Businesses, Certified Veteran-Owned
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state CD
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procurement priorities as set forth in the Competitive Solicitation.
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4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following •2
representations and warranties as of the effective date of this Contract and at the time any order is a
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placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such
representations and warranties, Contractor shall not process any orders and shall, within three (3)
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business days notify Enterprise Services, in writing, of such breach. o
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4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) In good y
standing; (b) qualified to do business in the State of Washington; and (c) registered with the
Washington State Department of Revenue and the Washington Secretary of State. 0
4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and
has paid all applicable taxes owed to the State of Washington. a
4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants
that Contractor possesses and shall keep current during the term of this Contract all required r
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licenses, certifications, permits, authorizations, and approvals necessary for Contractor's G
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proper performance of this Contract. >,
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4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in
Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates U
presently are nor have ever been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in any governmental contract by any c
governmental department or agency within the United States. E
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4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's
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Bidder's Certification, that during the term of this Contract and the three (3) year period w
immediately preceding the award of the Contract, Contractor has not been determined, by a E
final and binding citation and notice of assessment issued by the Washington Department of �
Labor and Industries or through a civil judgment entered by a court of limited or general M
jurisdiction,to be in willful violation of any provision of Washington state wage laws set forth
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in RCW 49.46,49.48, or 49.52. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 4
(Rev.2022-11-16)
Packet Pg. 262
8.N.c
4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable ,o
requirements regarding civil rights. Such requirements prohibit discrimination against r
individuals based on their status as protected veterans or individuals with disabilities, and m
prohibit discrimination against all individuals based on their race, color, religion, sex, sexual
orientation, gender identity, or national origin.
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4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously c,
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certified in Contractor's Bidder's Certification, that Contractor does NOT require its y
employees,as a condition of employment,to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers. Contractor further represents and warrants that,
during the term of this Contract, Contractor shall not, as a condition of employment, require a
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its employees to sign or agree to mandatory individual arbitration clauses or class or collective
action waivers. f°
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4.8. WASHINGTON SMALL BUSINESS. Contractor represents and warrants, as previously certified in 0
Contractor's Bidder's Certification, that Contractor qualifies as a Washington Small Business v
as defined and set forth in Contractor's Bidder's Certification. a,
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4.9. CERTIFIED VETERAN-OWNED BUSINESS. Contractor represents and warrants,as previously certified
in Contractor's Bidder's Certification, that Contractor qualifies as a Certified Veteran-Owned
Business as defined and set forth in Contractor's Bidder's Certification. .2
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4.10. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within Ca
the three (3) year period prior to this Contract, neither Contractor nor its principals or U
affiliates: (a) have been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, 0
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or performing a public (federal, state, local, or tribal) contract or purchase order under a
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public contract; (b) have been in violation of federal or state antitrust statutes or commission =
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of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property; (c) have been indicted for or otherwise criminally or c
civilly charged by a government entity(federal, state, local, or tribal)with commission of any m
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of the offense enumerated in subsection (b) of this provision; or (d) had one or more public
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contracts (federal, state, local, or tribal)terminated for cause or default.
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4.11. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that c
Contractor complies fully with all applicable procurement ethics restrictions including, but not U
limited to, restrictions against Contractor providing gifts or anything of economic value, 2'
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directly or indirectly,to Enterprise Services and Purchasers' employees.
4.12. WASHINGTON's ELECTRONIC BUSINESS SOLUTION(WEBS). Contractor represents and warrants that
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's
contract registration system and that, all of Contractor's information therein is current and
accurate and that throughout the term of this Contract, Contractor shall maintain an accurate a
profile in WEBS.
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4.13. WASHINGTON's STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor Is E
registered with Washington's Statewide Payee Desk, which registration is a condition to
payment. L
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4.14. CONTRACT PROMOTION;ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that c
Contractor shall use commercially reasonable efforts both to promote and market the use of E
this Contract with eligible Purchasers and to ensure that those entities that utilize this U
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STATEWIDE CONTRACT NO.22422—AMMUNITION 5
(Rev.2022-11-16)
Packet Pg. 263
8.N.c
Contract are eligible Purchasers. Contractor understands and acknowledges that neither °
Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting that r
such Ammunition is the best or only solution to their needs. Accordingly, Contractor further
represents and warrants that Contractor shall make no reference to Enterprise Services, any
Purchaser, or the State of Washington in any promotional material without the prior written
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consent of Enterprise Services. Q
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4.15. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been y
employed or retained to solicit or secure this Contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established agents as defined in the Federal Acquisition Regulations. a
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4.16. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced
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bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind a
affecting title to any Ammunition that is the subject of this Contract. °o
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4.17. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in
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Contractor's Bidder's Certification, that Contractor has the operational and financial CD
capability to perform the Contract.
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4.18. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or
.2
a similar contract, is transitioned to another contractor (e.g., Contract expiration or a
termination), Contractor shall use commercially reasonable efforts to assist Enterprise Ca
Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to U
effectuate a smooth transition to another contractor to minimize disruption of service and/or
costs to the State of Washington and such Purchasers; Provided, however, that, if costs are
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incurred, Contractor shall be compensated for such costs consistent with the terms and
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conditions pertaining to this Contract for the sixty (60) day period immediately before such =
transition.
4.19. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and c
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the m
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Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the
Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included
Ammunition and Prices. Contractor further represents and warrants that, if during the r
Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by v
the Ammunition manufacturer to sell such Ammunition in the state of Washington, >,
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such a
event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise Cl)
directed in writing by Enterprise Services.
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4.20. SPORTING ARMS AND MANUFACTURER'S INSTITUTE(SAAMI).Contractor represents and warrants, as
previously certified in Contractor's Bidder's Certification, all ammunition sold meets the
Sporting Arms and Manufacturer's Institute requirements for specifications, transportation, _Q
and storage requirements. '
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STATEWIDE CONTRACT NO.22422—AMMUNITION 6
(Rev.2022-11-16)
Packet Pg. 264
8.N.c
5. QUALITY;WARRANTY;REMEDIES. `
5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design,
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material, and workmanship; (b)fit and safe for the intended purposes; (c)consistent with E
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recognized industry quality standards; (d) complies with the requirements,specifications,and
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descriptions included in this Contract; and (e) is produced and delivered in full compliance
with applicable law ("Goods Warranty"). Contractor further warrants that it has good and c,
marketable title to the Ammunition and shall keep Purchaser's property free of liens. If y
Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold any
payment otherwise due Contractor until Contractor submits proof, in a form satisfactory to
Purchaser,that all lienable claims have been fully paid or waived. a
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5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election,
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Contractor promptly shall remedy the defect by replacing any defective Ammunition. a
Contractor's Goods Warranty support shall include,at Contractor's sole expense,all technical °o
support, parts, materials and equipment, and labor, including freight and "in/out" costs v
required to address the defect. If, in Purchaser's judgment, replacement is inadequate, or a,
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fails of its essential purpose, Contractor shall refund the full amount of any payments that
have been made. The rights and remedies of the parties under this warranty are in addition a,
to any other rights and remedies of the parties provided by law or equity, including, without
limitation, actual damages, and, as applicable and awarded under the law, to a prevailing a
party, reasonable attorneys'fees and costs. Ca
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5.3. FAILURE To REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10)
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calendar days after receipt of written notice from Purchaser, or if an emergency exists 0
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rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, v
Purchaser may, without prejudice to any other rights or remedies available to it, replace
Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at L
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to 0
Contractor.
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5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support, rn
including after-hour technical support, at its own cost.
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6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be o
cause for termination. v
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6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor Shall meet all OSHA Q-
3
and other safety-related federal,state, local,and/or tribal regulatory requirements applicable
to Ammunition. _
6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all
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appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment of E
Ammunition which requires such compliance.
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6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are W
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present at Purchaser's premises, Contractor promptly will report in writing all injuries,
accidents property damage, near-miss incidents or an claims regarding damages or injuryi
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involving Contractor, its agents, employees, or subcontractors occurring at such premises.
Contractor agrees to cooperate and assist in any Purchaser investigation of incidents. m
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STATEWIDE CONTRACT NO.22422—AMMUNITION 7
(Rev.2022-11-16)
Packet Pg. 265
8.N.c
6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or 0
subcontractors shall comply, in all respects,with Purchaser's physical,fire, access,safety, and r
other security requirements and not interfere with Purchaser's operations. Contractor
represents and warrants that Contractor,its agents,employees,or subcontractors who access
Purchaser's premises will be adequately trained and at all times comply with Purchaser's
requirements. Q
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7. SUBCONTRACTORS.
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7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding an provision to the contrary, in the event
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Contractor elects to utilize subcontractors to perform this Contract, Contractor shall: a
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(a) incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be >—
fully responsible for the performance of any such subcontractors (regardless of tier) and f°
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ensure that subcontractors comply with each and every Contractor obligation set forth in this 0-
0
Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding 0
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all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and
(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of CD
negligence, other tortious fault, or intentional misconduct by any such subcontractors
(regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor
shall provide written notice to Enterprise Services' contract administrator. Such notice shall .2
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confirm that the subcontractor is registered in WEBS and provide the necessary information a
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for Enterprise Services' contract administrator to include such subcontractor(s) in
Washington's Purchasing Contract Management System (PCMS).
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7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such 0
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report(s) will include subcontractor data, by subcontractor, for any data that Contractor is
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required to report as well as a consolidated 'rollup' report combining Contractor and =
subcontractor data. ;v
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7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations Or
certifications set forth in this Contract shall apply to subcontractors (at any tier) and a
Contractor shall not utilize any subcontractors (at any tier) who cannot provide such
representations or certifications, excepting the certification to be registered with i
Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly. c
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8. USING THE CONTRACT—PURCHASES. 2'
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8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract, 0
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consistent with the terms hereof and by using any ordering mechanism agreeable both to
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Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, 0
Contractor and Purchaser also shall use telephone orders, email orders, web-based orders,
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and similar procurement methods(collectively"Purchaser Order"). All Purchase Orders must a
reference the Contract number. The terms of this Contract shall apply to any Purchase Order
and, in the event of any conflict,the terms of this Contract shall prevail. Notwithstanding any w
provision to the contrary, in no event shall any 'click-agreement,' software or web-based E
application terms and conditions, or any other agreement modify the terms and conditions i
of this Contract.
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or provided N
as required by this Contract, the Purchase Order used by Purchaser, and as otherwise z
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STATEWIDE CONTRACT NO.22422—AMMUNITION 8
(Rev.2022-11-16)
Packet Pg. 266
8.N.c
mutually agreed in writing between Purchaser and Contractor. The following apply to all °
deliveries: r
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(a) Contractor shall make all deliveries to the applicable delivery location
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specified in the Purchase Order. Such deliveries shall occur during
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Purchaser's normal work hours and within the time period mutually agreed Q
in writing between Purchaser and Contractor. a,
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(b) Deliveries made to secure facilities and drivers entering those facilities shall
be pre-approved by the Purchaser. Contractor must obtain the required
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clearance prior to any scheduled delivery to secure facilities. a
(c) Contractor shall ship all Ammunition purchased pursuant to this Contract,
freight charges prepaid by Contractor, FOB Purchaser's specified destination
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with all transportation and handling charges included. Contractor shall bear a
all risk of loss, damage, or destruction of the Ammunition ordered hereunder °o
that occurs prior to delivery, except loss or damage attributable to v
Purchaser's fault or negligence. a,
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(d) All packing lists, packages, instruction manuals, correspondence, shipping
notices, shipping containers, and other written materials associated with this
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Contract shall be identified by the Contract number set forth on the cover of U
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this Contract and the applicable Purchaser's Purchase Order number. Packing a
lists shall be enclosed with each shipment and clearly identify all contents and °a
any backorders. i
8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99% o
on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after c�
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the m
Purchaser.Adjustments to delivery still within the one-hundred eighty(180)day window must L
be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the one- O
hundred eighty(180)day window after receipt of order,Contractor will need to obtain mutual
agreement in writing between Purchaser and Contractor or allow Purchaser to withdraw their a
order. v,
Upon Purchaser or Enterprises Services request, Contractor must provide documentation
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supporting compliance with this requirement. Documentation must be received by requestor c
within ten (10) days of request. ti
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8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product 0.
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ordered, a replacement product equal in price and performance may be substituted. All
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products substitutions must be mutually agreed to by Purchaser and Contractor in writing c
prior to order placement and documented in Purchaser's ordering paperwork.
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8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased Under this Contract Is subject
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to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. 2-
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in accordance with this Contract and Purchaser's Purchase Order. If there are any apparent U w
defects in the Ammunition at the time of delivery, Purchaser promptly will notify Contractor.
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At Purchaser's option, and without limiting any other rights, Purchaser may require
Contractor to replace, at Contractor's expense, any or all damaged Ammunition or, at
Purchaser's option, Purchaser may note any such damage on the receiving report, decline E
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for z
any Ammunition under such Purchase Order shall not be deemed acceptance. r
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STATEWIDE CONTRACT NO.22422—AMMUNITION 9
(Rev.2022-11-16)
Packet Pg. 267
8.N.c
8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards ,o
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor r
will provide, within five (5) days, manufacturer literature that describes specific performance m
requirements and standards of Ammunition purchased. Upon receipt of manufacturer
literature, Purchaser will provide to Contractor, within five (5) days, supporting
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documentation describing how the Ammunition does not meet the manufacturer Q
performance requirements and standards. Afull credit will be issued by the Contractor within c'
ten (10) days.
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8.7. CUSTOMER SERVICE. Contractor will be available by phone and/or email Monday through Friday
from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within twenty-four a
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(24) hours.
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9. INVOICING&PAYMENT. Q-
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9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's v
designated invoicing contact for Ammunition delivered under this Contract. Such invoices
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shall itemize the following: M
(a) Contract No. 22422;
(b) Contractor name, address,telephone number, and email address for billing 2
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issues (i.e., Contractor Customer Service Representative); a
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(c) Contractor's Federal Tax Identification Number; U
(d) Date(s) of delivery;
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(e) Applicable Ammunition; v
(f) Invoice amount; and
(g) Payment terms, including any available prompt payment discounts. 0
Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be c
processed for payment until receipt of a complete invoice as specified herein. a
9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice
and conforming Ammunition. Unless Contractor has provided a prompt payment discount c
set forth in Exhibit — Included Ammunition and Prices, Purchaser's payment is due within v
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due a
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments).
Contractor shall provide information necessary to facilitate electronic payments. If Purchaser
fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one
percent (1%) per month on the amount overdue or a minimum of$1. Payment will not be
considered late if a check or warrant is mailed within the time specified. E
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9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty(30)calendar days U w
of written notice to Contractor;Provided, however,that Purchaser shall have the right to elect
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to have either direct payments or written credit memos issued. If Contractor fails to make
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timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay
Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty E
(30)calendar days after notice to Contractor. z
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STATEWIDE CONTRACT NO.22422—AMMUNITION 10
(Rev.2022-11-16)
Packet Pg. 268
8.N.c
9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or p
receive advance payment for any Ammunition furnished by Contractor pursuant to this r
Contract. m
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9.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or
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impose any additional charges including, but not limited to, charges for shipping, handling,
insurance, or payment processing with the following exception. Orders that do not meet the c,
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minimum order requirement of five(5) cases or more, may be charged an additional shipping y
charge reflective of actual shipping costs which shall not exceed $30.00 per case.TAxEs/FEES.
Contractor promptly shall pay all applicable taxes on its operations and activities pertaining
to this Contract. Failure to do so shall constitute breach of this Contract. Unless otherwise a
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agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on
purchased Ammunition. Contractor's invoices shall separately state (a)taxable and non-
taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes, o
Contractor shall include federal excise taxes only if, after thirty (30) calendar days written j
notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate
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from such federal excise taxes. 00
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10. CONTRACT MANAGEMENT.
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10.1. CONTRACT ADMINISTRATION&NOTICES. Except for legal notices,the parties hereby designate the a
following contract administrators as the respective single points of contact for purposes of Ca
this Contract. Enterprise Services' contract administrator shall provide Contract oversight. U
Contractor's contract administrator shall be Contractor's principal contact for business
activities under this Contract. The parties may change contract administrators by written 0
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notice as set forth below.
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Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or .6
sent via email,and shall be sent to the respective addressee at the respective address or email O
address set forth below or to such other address or email address as the parties may specify
in writing: a
Enterprise Services Contractor
Attn: Brad Stringfellow Attn: Chris Harrington
Washington Dept. of Enterprise Services Pend Oreille Ballistics v
PO Box 41411 PO Box 159 >,
Olympia, WA 98504-1411 Metaline, Washington 99152 a
Tel: (360)407-9411 (Direct) Tel: (509) 986-3895 Cl)
(360)407-2213 (Team Line) Email:
Email: DESContractsTeamFir@des.wa.gov cpharrington@pendoreilleballistics.com
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Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon E
transmission to the designated email address of said addressee. 3
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10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service E
representative (and inform Enterprise Services of the same) who shall be responsible for
addressing Purchaser issues pertaining to this Contract.
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10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. c
certified mail return receipt requested, g prepaid, E
p q , postage re aid or sent via email and shall be sent E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 11
(Rev.2022-11-16)
Packet Pg. 269
8.N.c
to the respective addressee at the respective address or email address set forth below or to ,o
such other address or email address as the parties may specify in writing: r
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Enterprise Services Contractor m
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Attn: Legal Services Manager Attn: Contracts—Sean Reagan a
Washington Dept. of Enterprise Services Pend Oreille Ballistics a'
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PO Box 41411 PO Box 1S9 0)
Olympia, WA 98504-1411 Metaline, Washington 99152
Email: greg.tolbert@des.wa.gov Email: npocllcwa@gmail.com 2
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, li
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upon return receipt, or, if emailed, upon transmission to the designated email address of said >_
addressee.
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11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;&CONTRACTOR REPORTS. 0
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11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to Enterprise
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Services, as set forth below. 00
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(a) Contract Sales Reporting System. Contractor shall report quarterly Contract c,
sales in Enterprise Services' Contract Sales Reporting System. Enterprise
Services will provide Contractor with a login password and a vendor a
number. The password and vendor number will be provided to the Sales oa
Reporting Representative(s) listed on Contractor's Bidder Profile. U
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(b) Data. Each sales report must identify every authorized Purchaser by name
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as it is known to Enterprise Services and its total combined sales amount v
invoiced during the reporting period (i.e., sales of an entire agency or m
political subdivision, not its individual subsections). The "Miscellaneous" m
option may be used only with prior approval by Enterprise Services. Upon 0
request, Contractor shall provide contact information for all authorized
Purchasers specified herein during the term of the Contract. If there are no a
Contract sales during the reporting period, Contractor must report zero
sales. c�a
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(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports c
must be submitted electronically by the following deadlines for all Contract v
sales invoiced during the applicable calendar quarter: a
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FOR SALES MADE IN
CONTRACT SALES REPORT
QUARTER
CALENDAR QUARTER ENDING DUE By PAST DUE R
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1 January 1—March 31 April 30 May 1 E
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2 April 1—June 30 July 31 August 1 3
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3 July 1—September 30 October 31 November 1 E
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4 October 1—December 31 January 31 February 1
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11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management
fee ("VMF") of 1.25 percent on the purchase price for all Contract sales (the purchase price is 0
the total invoice price less applicable sales tax).
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Packet Pg. 270
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(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is ,o
calculated as follows: r
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Amount owed to Enterprise Services = Total Contract sales invoiced (not
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including sales tax)x .0125.
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(b) The VMF must be rolled into Contractor's current pricing. The VMF must not Q
be shown as a separate line item on any invoice unless specifically requested
and approved by Enterprise Services.
(c) Enterprise Services will invoice Contractor quarterly based on Contract sales 2
reported by Contractor. Contractor is not to remit payment until Contractor a
receives an invoice from Enterprise Services. Contractor's VMF payment to
Enterprise Services must reference this Contract number, the year and
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quarter for which the VMF is being remitted, and Contractor's name as set a
forth in this Contract, if not already included on the face of the check. °o
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(d) Contractor's failure to report accurate total net Contract sales, to submit a
timely Contract sales report, or to remit timely payment of the VMF to CD
Enterprise Services, may be cause for Enterprise Services to suspend
Contractor or terminate this Contract or exercise remedies provided by law.
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Without limiting any other available remedies, the parties agree that U
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Contractor's failure to remit to Enterprise Services timely payment of the (L
VMF shall obligate Contractor to pay to Enterprise Services, to offset the °a
administrative and transaction costs incurred by the State to identify, i
process, and collect such sums, the sum of $200.00 or twenty-five percent o
(25%) of the outstanding amount, whichever is greater, or the maximum c.)
allowed by law, if less. m
(e) Enterprise Services reserves the right, upon thirty(30) calendar days advance
written notice, to increase, reduce, or eliminate the VMF for subsequent 0
purchases, and reserves the right to renegotiate Contract pricing with
Contractor when any subsequent adjustment of the VMF might justify a a
change in pricing.
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11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed
annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold G
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(including, as applicable, item number or other identifier), per unit quantities sold, items and >+
volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and Contract a
price. This report must be provided in an electronic format that can be read by Microsoft U)
(MS) Excel. Such report is due within thirty(30)calendar days following the twelve(12)month
anniversary of Contract effective date and annually thereafter.
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12. RECORDS RETENTION&AUDITS. p
12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents,and other evidence
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pertaining to this Contract and orders placed by Purchasers under it to the extent and in such E
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detail as shall adequately reflect contract performance and administration of purchases,
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payments, taxes, and fees. Contractor shall retain such records for a period of six (6) years
following expiration or termination of this Contract or final payment for any order placed by c,
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a Purchaser against this Contract,whichever is later; Provided, however,that if any litigation, y
claim, or audit is commenced prior to the expiration of this period, such period shall extend
until all such litigation, claims, or audits have been resolved.
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12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit,
applicable records to ensure that Contractor properly has invoiced Purchasers and that
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Contractor has paid all applicable vendor management fees to Enterprise Services. a
Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly °o
authorized agent of a governmental agency, to audit, inspect, examine, copy and/or v
transcribe Contractor's books, documents, papers and records directly pertinent to this a,
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Contract or Purchase Orders placed by a Purchaser under this Contract for the purpose of
making audits,examinations, excerpts, and transcriptions. This right shall survive for a period a,
of six (6) years following expiration or termination of this Contract or final payment for any
order placed by a Purchaser against this Contract,whichever is later; Provided, however,that a
if any litigation,claim,or audit is commenced prior to the expiration of this period,such period Ca
shall extend until all such litigation, claims, or audits have been resolved. U
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12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy o
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments v
inconsistent with the terms of this Contract or Purchase Orders placed thereunder, at a rate
of 125% of any such overpayments, found as a result of the examination of Contractor's L
records;and (b) reimburse Enterprise Services for any underpayment of vendor management 0
fees, at a rate of 125% of such fees found as a result of the examination of Contractor's
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records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor a
would be required to pay to Enterprise Services$500 x 1.25=$625); Provided, however,that,
in the event Contractor timely discovers and corrects any Purchaser overpayment or i
Contractor underpayment of vendor management fees and does so prior to the initiation of c
any audit, Contractor shall be entitled to reimburse Purchaser or pay to Enterprise Services U
the actual amount of such Purchaser overpayment or such underpayment of vendor 1
management fees.
13. INSURANCE.
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13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the
insurance coverages set forth in Exhibit e—Insurance Requirements. All costs for insurance, E
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including any payments of deductible amounts,shall be considered incidental to and included
in the prices for Ammunition and no additional payment shall be made to Contractor. w
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13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation a
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its
employees as may be required by law, Enterprise Services may terminate this Contract. This E
provision does not waive any of the Washington State Department of Labor and Industries z
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf r
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in the State of Washington, and only to the extent of claims against Contractor by Purchaser 0
under the Indemnity obligations in this Contract, Contractor expressly waives any immunity r
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification obligation will not be limited in any way by any limitation on the
amount or type of damages,compensation,or benefits payable to or for any third party under
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workers' compensation acts, disability benefit acts, or other employee benefit acts. The Q
parties expressly acknowledge and certify that the waiver of immunity under Title 51 RCW
was mutually negotiated and agreed upon.
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14. CLAIMS. a
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14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and >
all risks of personal injury or property damage to itself and its employees and agents in
connection with its operations under this Contract. Enterprise Services has made no 0-
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representations regarding any factor affecting Contractor's risks. Contractor shall pay for all 0
damage to any Purchaser's property resulting directly or indirectly from Contractor's acts or
omissions under this Contract. CD
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14.2. THIRD-PARTY CLAIMS;GENERAL INDEMNITY. To the fullest extent permitted by law,Contractor shall
defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees and
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agents harmless from and against all claims, demands, judgments, assessments, damages, a
penalties, fines, costs, liabilities, or losses including, without limitation, sums paid in Ca
settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "Claims") U
arising out of Contractor's or its successors', agents', or subcontractors' negligence, other
tortious fault,or intentional misconduct under this Contract; Provided, however,that no right 0
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to indemnity will exist as to that portion of a Claim resulting from the sole negligence,tortious
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fault, or intentional misconduct of Enterprise Services or Purchaser. The parties agree that if =
there are any limitations of Contractor's liability, including a limitation of liability clause for O
anyone for whom the Contractor is responsible, such limitations of liability shall not apply to c
injuries to persons (including death), damages to property, data breach, and/or intellectual m
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property infringement. Contractor shall take all steps needed to keep Purchaser's property
free of liens arising from Contractor's activities, and promptly obtain or bond the release of
any such liens that may be filed.
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14.3. INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Contractor shall U
defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and 2'
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agents harmless from against any and all Claims resulting from allegations of infringement of
any patents, copyrights, trade secret, or similar intellectual property rights covering the Cl)
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use =
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of Ammunition and provided by Contractor is enjoined based on an intellectual property
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the E
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right to continue using the Ammunition or, after consulting with Purchaser and obtaining Q-
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Purchaser's consent, replace or modify the Ammunition with substantially similar and
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functionally equivalent non-infringing Ammunition. E
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15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each E
organization. In such situation, upon notice by either party, each party, within five (5) business days
shall reduce its description of the dispute to writing and deliver it to the other party. The receiving
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party then shall have three (3) business days to review and respond in writing. In the event that the ,0
parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference r
between the respective senior managers of each organization to attempt to resolve the dispute. In
the event the parties cannot agree, either party may resort to court to resolve the dispute.
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16. TERMINATION; EXPIRATION;SUSPENSION;&REMEDIES. Q
16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of
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the parties; (b) by the non-breaching party where the breach is not cured within thirty (30) z
calendar days after written notice of breach is delivered to the breaching party, unless a
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different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly a
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provided for in this Contract. This Contract shall terminate automatically and without further >_
action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or
bankruptcy. In addition to any other available remedies, the non-breaching party may 0-
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terminate this Contract as provided in subsection (b) above without further liability by written 0
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notice to the breaching party. A termination for breach will not affect rights or obligations
accrued or owed before the effective date of the termination notice.
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16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise
Services may suspend or terminate this Contract and Purchasers may suspend or terminate
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services 2
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or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably a
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determines that: (a) a change in Federal or State legislation or applicable laws materially
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affects the ability of either party to perform under the terms of this Contract or applicable
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Purchase Order;or(b)that a change in available funds affects Purchaser's ability to pay under 0
the applicable Purchase Order. A change of available funds as used in this section includes v
but is not limited to a change in Federal or State funding, whether as a result of a legislative
act or by order of the President or the Governor. If a written notice is delivered under this L
provision, Purchaser will reimburse Contractor for Ammunition properly ordered until the 0
effective date of said notice. Except as stated in this provision, in the event of termination for
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nonappropriation or reduction of funds or changes in law, Purchaser will have no obligation a
or liability to Contractor. N
16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may r
terminate this Contract; Provided, however, that such termination for public convenience 0
must, in Enterprise Services'judgment, be in the best interest of the State of Washington; and
Provided further, that such termination for public convenience shall only be effective upon a
sixty (60) calendar days prior written notice; and Provided further, that such termination for U)
public convenience shall not relieve any Purchaser from payment for Ammunition already
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ordered as of the effective date of such notice. Except as stated in this provision, in the event
of such termination for public convenience, neither Enterprise Services nor any Purchaser
shall have any obligation or liability to Contractor. a
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16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept
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and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor E
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to ii
expiration of this Contract allow for Contractor to provide Ammunition more than twelve(12)
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months beyond the expiration date of the Contract. m
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Packet Pg. 274
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16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination of this 0
Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any r
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would m
continue beyond the expiration,termination,or cancellation of the Contract shall so continue
and survive; and (b) promptly return to Purchaser all keys, badges, and other materials
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supplied by Purchaser for the performance of any Purchase Order entered into pursuant to Q
this Contract. c'
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16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare
Contractor in default of this Contract:
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(a) Contractor fails to perform or comply with any of the terms or conditions of
this Contract;
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(b) Contractor fails to timely report contract sales; a
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(c) Contractor fails to timely pay the vendor management fees when due; or 0
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(d) Contractor breaches any representation or warranty provided herein.
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16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's
operations under this Contract immediately by written cure notice of any default. Suspension
shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; r;
Provided, however, that, if after thirty (30) calendar days from such a suspension notice, a
Contractor remains in default, Enterprise Services may terminate Contractor's rights under °a
this Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive i
termination of Contractor's rights under this Contract, until such obligations have been c
fulfilled. v
16.8. REMEDIES FOR DEFAULT.
(a) Enterprise Services' rights to suspend and terminate Contractor's rights
under this Contract are in addition to all other available remedies.
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(b) In the event of termination for default, Enterprise Services may exercise any a
remedy provided by law including,without limitation,the right to procure for
all Purchasers replacement Ammunition. In such event, Contractor shall be
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liable to Enterprise Services for damages as authorized by law including, but
not limited to, any price difference between the Contract price and the U
replacement or cover price as well as any administrative and/or transaction 21
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costs directly related to such replacement procurement—e.g.,the cost of the 0-
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competitive procurement. Cl)
16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary,the parties agree that
in no event shall any party or Purchaser be liable to the other for exemplary or punitive
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damages; Provided, however, that nothing contained in this Section will in any way exclude a
or limit: (a) a party's liability for all damages arising out of that party's intentional acts or
omissions; (b)the operation of any warranty provided in this Contract; or(c) damages subject w
to the Intellectual Property Indemnity section of this Contract. Any limitation of either party's E
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obligations under this Contract, by delivery slips or other documentation is void. i
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16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or M
termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient m
suspension or termination. Accordingly, Contractor shall deliver to Purchasers all z
Ammunition that has been ordered and Purchasers shall inspect,accept,and pay for the same r
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in accordance with this Contract and the applicable Purchase Order. Unless directed by ,o
Enterprise Services to the contrary, Contractor shall not process any orders after notice of r
suspension or termination inconsistent therewith.
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16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual y
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written agreement of the parties; (b) by the non-breaching party where the breach is not
cured within thirty (30) calendar days after written notice of breach is delivered to the c,
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breaching party, unless a different time for cure is otherwise stated in the applicable Purchase y
Order;and (c) as otherwise expressly provided for in the applicable Purchase Order. Purchase
Orders shall terminate automatically and without further action if a party becomes insolvent
or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any li
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other available remedies, the non-breaching party may terminate the Purchase Order as
provided in subsection (b)above without further liability by written notice to the breaching f°
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party. A termination for breach will not affect rights or obligations accrued or owed before o
the effective date of the termination notice. °
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17. PUBLIC INFORMATION&PUBLIC RECORDS DISCLOSURE REQUESTS.
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17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this a,
Contract and all related records are subject to public disclosure as required by Washington's
Public Records Act, RCW 42.56. a
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17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the
relevant page(s) of any records provided to Enterprise Services that Contractor believes are i
statutorily exempt from disclosure and identify the precise statutory basis for exemption from o
disclosure. In addition, if, in Contractor's judgment, certain portions of such records are not v
statutorily exempt from disclosure but are sensitive because particular portions of m
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade .6
secret information (or the equivalent) that Contractor protects through the regular use of 0
confidentiality or similar agreements and routine enforcements through court enforcement
actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of li
any records that include such sensitive information.
17.3. ENTERPRISE SERVICES'OBLIGATION. In the event that Enterprise Services receives a public records r
disclosure request pertaining to records that Contractor has submitted and marked either as o
(a) statutorily exempt from disclosure;or(b) sensitive,Enterprise Services, prior to disclosure, U,
will do the following: Enterprise Services' Public Records Officer will review any records Q-
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marked by Contractor as statutorily exempt from disclosure. In those situations, where the '
designation comports with the stated statutory exemption from disclosure, Enterprise
Services will redact or withhold the record(s) as appropriate. For records marked 'sensitive' °
or for records where Enterprise Services determines that no statutory exemption to
disclosure applies or is unable to determine whether the stated statutory exemption to E
disclosure properly applies, Enterprise Services will notify Contractor,at the address provided
in the Contract, of the public records disclosure request and identify the date that Enterprise w
Services intends to release the record(s)(including records marked 'sensitive'or exempt from E
disclosure)to the requester unless Contractor, at Contractor's sole expense, timely obtains a
court order enjoining Enterprise Services from such disclosure. In the event Contractor fails U_
to timely file a motion for a court order enjoining such disclosure, Enterprise Services will
release the requested record(s)on the date specified. Contractor's failure properly to identify E
exempted or sensitive information or timely respond after notice of request for public U
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Packet Pg. 276
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disclosure has been given shall be deemed a waiver by Contractor of any claim that such 0
records are exempt or protected from public disclosure. r
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18. GENERAL PROVISIONS. E
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18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Contract. Q
18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall obtain
all necessary permits and approvals and give all stipulations, certifications, and
representations that may be required for it to perform this Contract. 2
18.3. ENTIRE AGREEMENT. This Contract constitutes the entire agreement and understanding of the IL
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parties with respect to the subject matter and supersedes all prior negotiations, >_
representations, and understandings between them. There are no representations or
understandings of any kind not set forth herein. o
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18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended V
or modified except in writing and signed by a duly authorized representative of each party.
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18.5. AUTHORITY. Each party to this Contract, and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter into
this Contract and that its execution, delivery,and performance of this Contract has been fully
authorized and approved,and that no further approvals or consents are required to bind such a
party. °a
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18.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall
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be or is intended to be created by or under this Contract. Neither party is an agent of the o
other party nor authorized to obligate it. v
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18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is =y
created by this Contract. Contractor and its employees or agents performing under this O
Contract are not employees or agents of Enterprise Services. Contractor shall not have
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or a
understanding, except as expressly set forth herein. Contractor and its employees and agents
are not entitled to unemployment insurance or worker's compensation benefits through
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Enterprise Services or the State of Washington and Enterprise Services and the State of
Washington will not pay for or otherwise provide such coverage for Contractor and its U
employees and agents. >+
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18.8. ASSIGNMENT. Contractor may not assign its rights under this Contract without Enterprise
Services' prior written consent and Enterprise Services may consider any attempted
assignment without such consent to be void; Provided, however, that, if Contractor
(a) provides written notice to Enterprise Services within thirty (30) calendar days of such
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent a
Agreement, Contractor may assign its rights under this Contract in full to any parent, 3
subsidiary,or affiliate of Contractor that controls or is controlled by or under common control Lu
with Contractor, is merged or consolidated with Contractor, or purchases a majority or E
controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, i
Contractor guarantees prompt performance of all obligations under this Contract M
notwithstanding any prior assignment of its rights.
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18.9. BINDING EFFECT; SUCCESSORS &ASSIGNS. This Contract shall be binding upon and shall inure to E
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the benefit of the parties hereto and their respective successors and assigns. U
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18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably 0
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or r
cause of action which Contractor now has or which may accrue to Contractor in the future by m
reason of any violation of state or federal antitrust laws in connection with any Ammunition a)
provided in Washington for the purpose of carrying out Contractor's obligations under this
Contract, including, at Enterprise Services' option, the right to control any such litigation on Q
such claim for relief or cause of action. c'
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18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition
pursuant to this Contract,such Purchaser shall specify,with its Purchase Order,any applicable
requirement or certification that must be satisfied by Contractor at the time the Purchase a
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Order is placed or upon delivery of such Ammunition to Purchaser.
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18.12. SEVERAeIUTY. If any provision of this Contract is held to be invalid or unenforceable, such a
provision shall not affect or invalidate the remainder of this Contract, and to this end the °o
provisions of this Contract are declared to be severable. If such invalidity becomes known or v
apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt a,
to amend such provision as nearly as possible to be consistent with the intent of this Contract. 00
18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or .2
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to notify the other party in the event of breach, shall not release the other party of any of its a
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obligations under this Contract, nor shall any purported oral modification or rescission of this
Contract by either party operate as a waiver of any of the terms hereof. No waiver by either
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party of any breach, default, or violation of any term, warranty, representation, contract, 0
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covenant, right, condition, or provision hereof shall constitute waiver of any subsequent v
breach, default, or violation of the same or other term, warranty, representation, contract,
covenant, right, condition, or provision. L
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18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth c
in or otherwise made pursuant to this Contract shall survive and remain in effect following m
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the expiration or termination of this Contract, Provided, however, that nothing herein is
intended to extend the survival beyond any applicable statute of limitations periods.
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18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract c
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shall be governed by and construed in accordance with the laws of the State of Washington, U
without regard to any choice of law principles that would provide for the application of the 2'
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laws of another jurisdiction.
18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this
Contract,the parties agree to exclusive jurisdiction in Thurston County Superior Court for the 0
State of Washington and agree that in any such action venue shall lie exclusively at Olympia, a
Washington. a
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18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract,
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each party shall bear its own attorneys'fees and costs. E
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18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be construed as a i
whole according to their common meaning and not strictly for or against any party and M
consistent with the provisions contained herein in order to achieve the objectives and c
purposes of this Contract. Each party hereto and its counsel has reviewed and revised this E
Contract and agrees that the normal rules of construction to the effect that any ambiguities U
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STATEWIDE CONTRACT NO.22422—AMMUNITION 20
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Packet Pg. 278
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are to be resolved against the drafting party shall not be construed in the interpretation of 0
this Contract. Each term and provision of this Contract to be performed by either party shall r
be construed to be both a covenant and a condition.
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18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the
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parties shall each do whatever may reasonably be necessary to accomplish the transactions
contemplated in this Contract including, without limitation, executing any additional c,
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documents reasonably necessary to effectuate the provisions and purposes of this Contract. y
18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in their 2
entirety. a
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18.21. CAPTIONS&HEADINGS. The captions and headings in this Contract are for convenience only and >
are not intended to, and shall not be construed to, limit, enlarge,or affect the scope or intent f°
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of this Contract nor the meaning of any provisions hereof. Q-
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18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any V
other ancillary agreement shall be deemed to have the same legal effect as delivery of an
CD
original executed copy of this Contract or such other ancillary agreement for all purposes. M
18.23. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which
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shall be deemed an original and all of which counterparts together shall constitute the same .2
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instrument which may be sufficiently evidenced by one counterpart. Execution of this a
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Contract at different times and places by the parties shall not affect the validity thereof so
long as all the parties hereto execute a counterpart of this Contract. i
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EXECUTED as of the date and year first above written. v
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STATE OF WASHINGTON NPOC LLC, DBA PEND OREILLE BALLISTICS, m
Department of Enterprise Services a Washington LLC 0
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CGcvr;rto�Gce� tt �rz`ON a0
By: By:
Elena McGrew Chris Harrington
Its: Procurement Manager Its: Warehouse Supply Chain Manager
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STATEWIDE CONTRACT NO.22422—AMMUNITION 21
(Rev.2022-11-16)
Packet Pg. 279
8.N.c
EXHIBIT A `0
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INCLUDED AMMUNITION AND PRICES d
All Ammunition:
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■ Shall be factory new, not reloaded or remanufactured Q
■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical c'
specifications,transportation, storage
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HANDGUN AMMUNITION a
# Manufacturer Bullet Style Product Product Code (SKU) Caliber Grain Rounds Price
Name per Case per Case
1 Pend Oreille Full Metal Jacket FMJ POB-9mm-FMJ115 9 MM 115 500 $ 14E Q.
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Ballistics 0
2 Pend Oreille Total Metal Jacket or TMJ POB-9mm-TMJ115 9 MM 115 500 $ 14E v
Ballistics Brass Enclosed Base rn
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3 Pend Oreille Hollow Point HP POB-9mm-JHP115 9 MM 115 500 $ 17:
Ballistics a'
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4 Pend Oreille Full Metal Jacket FMJ POB-9mm-FMJ124 9 MM 124 500 $ 14E •i
Ballistics a
5 Pend Oreille Bonded, Hollow Point BNDHP POB-9mm-BNDHP124 9 MM 124 500 $ 18: 08
Ballistics
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6 Pend Oreille Hollow Point+P HP+P 9 MM 124 500 $ 18_` or-
Ballistics
Ballistics v
7 Pend Oreille Total Metal Jacket TMJ POB-9mm-TMJ124 9 MM 124 500 $ 14E
Ballistics ;v
8 Pend Oreille Jacketed Hollow Point JHP 9 MM 147 500 $ 18:
Ballistics
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9 Pend Oreille Bonded Jacketed BNDHP POB-9mm-BNDHP147 9 MM 147 500 $ 18: a
Ballistics Hollow Point
10 Pend Oreille Full Metal Jacket FMJ POB-9mm-FMJ147 9 MM 147 500 $ 14�
Ballistics 0
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11 Pend Oreille Full Metal Jacket N\A POB-38S-FMJ130 0.38 S 130 500 $ 20� U>,
Ballistics Q-
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12 Pend Oreille Jacketed Hollow Point JHP POB-40-JHP165 0.40 165 500 $ 27,
Ballistics
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13 Pend Oreille Full Metal Jacket FMJ POB-40-FMJ180 0.40 180 500 $ 18.-
Ballistics
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14 Pend Oreille Hollow Point HP POB-40-HP180 0.40 180 500 $ 22- a
Ballistics 0
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15 Pend Oreille Jacketed Hollow Point JHP POB-40-JHP180 0.40 180 500 $ 22: u
Ballistics L
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STATEWIDE CONTRACT NO.22422—AMMUNITION 22
(Rev.2022-11-16)
Packet Pg. 280
8.N.c
RIFLE AMMUNITION `o
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# Manufacturer Bullet Style Product Name Product Code(SKU) Caliber Grain Rounds Price m
per Case per Case
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1 Pend Oreille Pointed Soft Spire Point POB-223-SP55 0.223 55 500 $ 269 Q
Ballistics Point a,
2 Pend Oreille Full Metal FMJ POB-223-FMBTJ55 0.223 55 500 $ 228 •y
Ballistics Jacket, Boat Tail z
3 Pend Oreille Boat Tail Hollow BTHP POB-223-BTHP55 0.223 55 500 $ 468
Ballistics Tip a
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4 Pend Oreille Ballistic Tip BAL POB-223-BAL55 0.223 55 500 $ 318
Ballistics
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5 Pend Oreille Soft Point SP POB-223-SP55 0.223 55 500 $ 269 0
Ballistics U
6 Pend Oreille Full Metal FMJ POB-223-FMJ55 0.223 55 500 $ 228
Ballistics Jacket00
7 Pend Oreille Boat Tail Hollow BTHP POB-223-BAL75 0.223 75 500 $ 486
Ballistics Point c'
8 Pend Oreille ELD TAP TAP POB-308-HPTAP-55 0.308 155 500 $ 526 •2
Ballistics Precision a
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9 Pend Oreille A-MAX TAP AMAX POB-308-HPTAP-168 0.308 168 500 $ 709 U
Ballistics Precision
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10 Pend Oreille Boat Tail Hollow BTHP POB-308-BTHP168 0.308 168 500 $ 553 0
Ballistics Tip v
11 Pend Oreille Ballistic Tip BAL POB-308-SST168 0.308 168 500 $ 689
Ballistics O
12 Pend Oreille .223/5.56 62gn M855 Nato POB-223-M855NATO 0.223 55 500 $ 282 oa
Ballistics M855 NATO Green Tip a)
13 Pend Oreille .223/5.56 75gn Ballistic Tip POB-223-BAL75 0.223 75 500 $ 486
Ballistics HP Ballistic tip
14 Pend Oreille .223/5.56 68gn Boat tail hollow POB-223-BTHP68 0.223 68 500 $ 357
Ballistics BTHP point o
15 Pend Oreille .308 SST Ballistic SST Ballistic Tip POB-308-SST180 0.308 180 500 $ 689 >,
Ballistics tip a
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STATEWIDE CONTRACT NO.22422—AMMUNITION 23
(Rev.2022-11-16)
Packet Pg. 281
8.N.c
EXHIBIT B `0
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INSURANCE REQUIREMENTS d
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1. INSURANCE OBLIGATION. During the Term of this Contract, Contractor shall possess and maintain in
full force and effect, at Contractor's sole expense,the following insurance coverages: Q
a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability Insurance
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(and, if necessary,commercial umbrella liability insurance)covering bodily injury, z
property damage, products/completed operations, personal injury, and
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advertising injury liability on an 'occurrence form' that shall be no less a
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comprehensive and no more restrictive than the coverage provided by Insurance >_
Services Office (ISO) under the most recent version of form CG 00 01 in the
amount of not less than $1,000,000 per occurrence and $2,000,000 general 0-
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aggregate. This coverage shall include blanket contractual liability coverage. This 0
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coverage shall include a cross-liability clause or separation of insured condition.
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b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable M
Workers' Compensation or Industrial Accident insurance providing benefits as a,
required by law.
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c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if (L
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necessary, commercial umbrella liability insurance) with limits not less than
$1,000,000 each accident for bodily injury by accident, $1,000,000 each i
employee for bodily injury by disease, and $1,000,000 bodily injury by disease o
policy limit. The insurance coverage limits set forth herein are the minimum. v
Contractor's insurance coverage shall be no less than the minimum amounts m
specified. Coverage in the amounts of these minimum limits, however, shall not m
be construed to relieve Contractor from liability in excess of such limits. 0
Contractor waives all rights against the State of Washington for the recovery of
damages to the extent such damages are covered by any insurance required a
herein.
d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE(applicable If Contractor Uses a Vehicle
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to access Purchasers' premises). 'Symbol 1' commercial automobile liability 0
coverage and, if necessary, commercial umbrella liability Insurance including
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coverage for all owned,hired,and non-owned vehicles. The combined single limit Q-
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per accident shall not be less than $1,000,000. '
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington's Office of Risk Management.
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Insurance coverage shall be provided by companies authorized to do business within the State of a
Washington and rated A- Class VII or better in the most recently published edition of Best's
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) w
with an unacceptable financial rating. E
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3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile M
Liability shall include the State of Washington and all authorized Purchasers (and their agents,
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured m
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Endorsement attached to the Certificate of Insurance on such insurance policies. U
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STATEWIDE CONTRACT NO.22422—AMMUNITION 24
(Rev.2022-11-16)
Packet Pg. 282
8.N.c
4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to Enterprise ,o
Services, as evidence of the insurance coverage required by this Contract, a certificate of r
insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and m
minimum amounts, has been secured. In addition, no less than ten (10) calendar days prior to
coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed
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certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated Q
kinds and minimum amounts, has been secured. Failure to maintain or provide proof of c'
insurance, as required, will result in contract cancellation. All policies and certificates of
insurance shall include the Contract number stated on the cover of this Contract. All certificates 2
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of Insurance and any related insurance documents shall be sent via email to Enterprise Services, a
and shall be sent to the email address set forth below:
Email: DESContractsTeamFir@des.wa.gov f°
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Note: For Email notice,the Email Subject line must state: c
Contract Insurance Certificate—Contract No. 22422—Ammunition c�
5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution M
from any insurance or self-insurance maintained by,or provided to,the additional insureds listed
above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or c'
self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance •2
provided by Contractor or subcontractors. a
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6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required
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insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any o
such subcontractor to provide insurance that complies with all applicable requirements of the v
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
for each subcontractor. Each subcontractor must comply fully with all insurance requirements L
stated herein. Failure of any subcontractor to comply with insurance requirements does not limit 0
Contractor's liability or responsibility.
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7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of
Washington and any Purchaser for the recovery of damages to the extent such damages are or i
would be covered by the insurance specified herein. c
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8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of 2'
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aggregate limits, or intent not to renew insurance coverage, either in whole or in part,without at Q-
least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise Services. U)
Failure to provide such notice, as required, shall constitute default by Contractor. Any such
written notice shall include the Contract number stated on the cover of this Contract.
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9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather Q-
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) w
years following expiration or termination of the Contract.
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* * * END OF INSURANCE REQUIREMENTS * * * N
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STATEWIDE CONTRACT NO.22422—AMMUNITION 25
(Rev.2022-11-16)
Packet Pg. 283
8.N.c
22422 NPOC LLC dba POB Contract
Final Audit Report 2024-01-03 `o
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Created: 2024-01-03
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By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov) y
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Status: Signed Q
Transaction ID: CBJCHBCAABAAaMWBw4giOV56XuDEHgYrd_aHouSZAVK6
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"22422 NPOC LLC dba POB Contract" History
Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov) °o
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2024-01-03-1:20:38 AM GMT
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Document emailed to cpharrington@pendoreilleballistics.com for signature
2024-01-03-1:21:37 AM GMT
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Email viewed by cpharrington@pendoreilleballistics.com a
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2024-01-03-5:36:55 PM GMT v
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c:5, Signer cpharrington@pendoreilleballistics.com entered name at signing as Christopher P Harrington o
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2024-01-03-5:44:35 PM GMT
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A Document e-signed by Christopher P Harrington (cpharrington@pendoreilleballistics.com)
Signature Date:2024-01-03-5:44:37 PM GMT-Time Source:server
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Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature
2024-01-03-5:44:39 PM GMT v
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Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov) U
2024-01-03-5:50:04 PM GMT 2'
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c:o Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov)
Signature Date:2024-01-03-5:50:32 PM GMT-Time Source:server coo
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Agreement completed. E
2024-01-03-5:50:32 PM GMT
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Adobe Acrobat Sign
Packet Pg. 284
8.N.c
Handgun Ammunition
# Manufacturer Bullet Style Product Name Product Code(SKU) Caliber Grain Rounds Price
per Case per Case
1 Pend Oreille Ballistics Full Metal Jacket FMJ POB-9mm-FMJ115 9 MM 115 500 $ 146.67 00
Total Metal Jacket or Brass
2 Pend Oreille Ballistics Enclosed Base TM1 POB-9mm-TMJ115 9 MM 115 500 $ 146.67
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3 Pend Oreille Ballistics Hollow Point HP POB-9mm-JHP115 9 MM 115 500 $ 172.06 2
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4 Pend Oreille Ballistics Full Metal Jacket FMJ POB-9mm-FMJ124 9 MM 124 500 $ 146.67 a
5 Pend Oreille Ballistics Bonded, Hollow Point BNDHP POB-9mm-BNDHP124 9 MM 124 500 $ 183.12 06
6 Pend Oreille Ballistics Hollow Point+P HP+P 9 MM 124 500 $ 185.40
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7 Pend Oreille Ballistics Total Metal Jacket TMJ POB-9mm-TMJ124 9 MM 124 500 $ 146.67
8 Pend Oreille Ballistics Jacketed Hollow Point JHP 9 MM 147 500 $ 183.05
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9 Pend Oreille Ballistics Bonded Jacketed Hollow Point BNDHP POB-9mm-BNDHP147 9 MM 147 500 $ 183.05
10 Pend Oreille Ballistics Full Metal Jacket FMJ POB-9mm-FMJ147 9 MM 147 500 $ 149.61
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11 Pend Oreille Ballistics Full Metal Jacket N\A POB-38S-FMJ130 0.38 S 130 500 $ 209.95
12 Pend Oreille Ballistics Jacketed Hollow Point JHP POB-40-JHP165 0.40 165 500 $ 272.09 (D
13 Pend Oreille Ballistics Full Metal Jacket FMJ POB-40-FMJ180 0.40 180 500 $ 183.87 a
14 Pend Oreille Ballistics Hollow Point HP POB-40-HP180 0.40 180 500 $ 223.14
15 Pend Oreille Ballistics IJacketed Hollow Point JHP POB-40-JHP180 1 0.40 1 180 1 500 1 $ 223.14 L
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8.N.c
Rifle Ammunition
# Manufacturer Bullet Style Product Name Product Code(SKU) Caliber Grain Rounds Price
per Case per Case
1 Pend Oreille Ballistics Pointed Soft Point Spire Point POB-223-SP55 0.223 55 500 $ 269.58 00
2 Pend Oreille Ballistics Full Metal Jacket, Boat Tail FMJ POB-223-FMBTJ55 0.223 55 500 $ 228.57
3 Pend Oreille Ballistics Boat Tail Hollow Tip BTHP POB-223-BTHP55 0.223 55 500 $ 468.96
4 Pend Oreille Ballistics Ballistic Tip BAL POB-223-BAL55 0.223 55 500 $ 318.01
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5 Pend Oreille Ballistics Soft Point SP POB-223-SP55 0.223 55 500 $ 269.58 a
6 Pend Oreille Ballistics Full Metal Jacket FMJ POB-223-FMJ55 0.223 55 500 $ 228.57 06
7 Pend Oreille Ballistics Boat Tail Hollow Point BTHP POB-223-BAL75 0.223 75 500 $ 486.36
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8 Pend Oreille Ballistics ELD TAP Precision TAP POB-308-HPTAP-55 0.308 155 500 $ 526.16
9 Pend Oreille Ballistics A-MAX TAP Precision AMAX POB-308-HPTAP-168 0.308 168 500 $ 709.79
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10 Pend Oreille Ballistics Boat Tail Hollow Tip BTHP POB-308-BTHP168 0.308 168 500 $ 553.99
11 Pend Oreille Ballistics Ballistic Tip BAL POB-308-SST168 0.308 168 500 $ 689.25 =
12 Pend Oreille Ballistics .223/5.56 62gn M855 NATO M855 Nato Green Tip POB-223-M855NATO 0.223 55 500 $ 282.75
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13 Pend Oreille Ballistics .223/5.56 75gn HP Ballistic tip Ballistic Tip POB-223-BAL75 0.223 75 500 $ 486.36
14 Pend Oreille Ballistics .223/5.56 68gn BTHP Boat tail hollow point POB-223-BTHP68 0.223 68 500 $ 357.52 (D
15 Pend Oreille Ballistics .308 SST Ballistic tip SST Ballistic Tip POB-308-SST180 0.308 180 500 $ 689.25 a
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Packet Pg. 286
8.N.d
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Washington State 0
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DEPARTMENT OF c
ENTERPRISE SERVICES E EM
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STATEWIDE CONTRACT a
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No. 22422
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AMMUNITION U
CATEGORIES: HANDGUN—CCI-SPEER,REMINGTON,&FEDERAL;RIFLE—CCI-SPEER,REMINGTON,&FEDERAL; M
SHOTGUN—FEDERAL&REMINGTON
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For Use by Eligible Purchasers
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By and Between a°)
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STATE OF WASHINGTON v
DEPARTMENT OF ENTERPRISE SERVICES
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and Q.
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SAN DIEGO POLICE EQUIPMENT CO.INC. R
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Dated January 1, 2024 L
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Packet Pg. 287
8.N.d
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STATEWIDE CONTRACT
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No. 22422
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AMMUNITION
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CATEGORIES: HANDGUN—SPEER,REMINGTON,&FEDERAL;RIFLE—SPEER,REMINGTON,&FEDERAL;SHOTGUN— Q
FEDERAL&REMINGTON �
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This Washington Statewide Contract ("Contract") is made and entered into by and between the State of t
Washington acting by and through the Department of Enterprise Services, a Washington State
governmental agency ("Enterprise Services") and San Diego Police Equipment Co. Inc., a California IL
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Corporation ("Contractor") and is dated and effective as of January 1, 2024. >_
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RECITALS Q-
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A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of C)
Washington, is authorized to develop, solicit, and establish enterprise procurement
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solutions, including statewide contracts, for goods and services to support Washington 00
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state agencies. See RCW 39.26.050(1). The Washington State Legislature also has
authorized Enterprise Services to make these contracts available, pursuant to an
agreement in which Enterprise Services ensures full cost recovery, to other local or a
federal government agencies or entities, public benefit nonprofit organizations, and any 06
tribes located in the State of Washington. See RCW 39.26.OS0(1) & (2). U
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B. Certain Washington state agencies and other eligible purchasers need to procure c
specified types of ammunition products ("Ammunition") from qualified, professional ci
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued w
Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive a
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Solicitation to establish Contracts for specified categories of Ammunition, by m
manufacturer, to enable eligible purchasers to procure Ammunition from awarded o
Contractors in a cost effective, efficient manner using the terms and conditions of the
Contract.
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified L
Contractor as an apparent successful bidder for the above-referenced Contract c
Category(ies). U
D. Enterprise Services has determined that entering into this Contract will meet the a
identified needs and be in the best interest of the State of Washington. U)
E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as
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set forth herein.
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AGREEMENT Q-
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the w
parties hereto hereby agree as follows: E
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1. TERM. The term of this Contract is twenty-four (24) months, commencing January 1, 2024 and ii
ending December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1,
2025, in Enterprise Services' reasonable judgment, Contractor satisfactorily has met the E
performance-based goals for contract extension, Enterprise Services shall extend the term of this
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STATEWIDE CONTRACT No.22422—AMMUNITION 1
(Rev.2022-11-16)
Packet Pg. 288
8.N.d
Contract, by written amendment, for up to thirty-six (36) additional months. Such extension ,o
amendment shall be on the same terms and conditions as set forth in this Contract. To earn the r
performance-based Contract term extension, Contractor must achieve the following performance-
based metrics: as
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PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION Q
Contractor timely provides to Enterprise Services, with no less
Annual Detailed Sales
Re port: than a 100% on time rate, the annual detailed sales report.
p See§ 11.3.
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On-time Delivery Contractor shall maintain a 95% on-time delivery rate with a
goal of 99/0 on-time deliveries. See §8.3.
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Contractor timely provides to Enterprise Services at the Q-
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Insurance designated address, without exception, annual insurance 0
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Endorsements: endorsements for the insurance coverages required by this
Contract. See Exhibit 8—Insurance Requirements at § 13.
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Contractor timely remits to Enterprise Service, with no less a,
than a 75%on time rate over the contract term, the applicable
Vendor Management Fee (VMF). a
Vendor Management
Note: Contractor must pay the VMF within thirty(30) calendar 06
Fee: days of invoice from Enterprise Services. If Contractor is i
delinquent in timely paying the VMF for three (3) or more
quarters within the first nine (9) quarters of the Contract term, c°�
Contractor will not be eligible for a performance-based w
extension. a
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Contractor timely provides to Enterprise Services, with no less m
than a 75% on time rate over the contract term, the required
Contract quarterly sales reports. cn
Contract Note: Contractor must provide the quarterly sales reports to
Sales Reports:
Enterprise Services within thirty (30) calendar days of the
quarter's end. If Contractor is delinquent in providing the 0
quarterly sales reports for three (3) or more quarters within v
the first nine (9) quarters of the Contract term, Contractor willCL
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not be eligible for a performance-based extension.
2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an
eligible "Purchaser"):
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2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, .2-
boards, and commissions. w
2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following Institutions E
of higher education in Washington: L
■ State universities — i.e., University of Washington & Washington State
University;
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■ Regional universities — i.e., Central Washington University, Eastern
Washington University, &Western Washington University r
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STATEWIDE CONTRACT No.22422—AMMUNITION 2
(Rev.2022-11-16)
Packet Pg. 289
8.N.d
■ Evergreen State College; ,o
■ Community colleges; and
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■ Technical colleges. E
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2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entitles that have executed
a Contract Usage Agreement with Enterprise Services: a
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■ Political subdivisions (e.g., counties, cities, school districts, public utility
districts) in the State of Washington;
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■ Federal governmental agencies or entities; a
■ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit >
corporations that receive federal, state, or local funding); and
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■ Federally-recognized Indian Tribes located in the State of Washington. o
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3. SCOPE—INCLUDED AMMUNITION AND PRICE.
3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only M
the Ammunition specified in ExhibitA — Included Ammunition and Prices at the Prices set
forth in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any
.2
Purchaser under this Contract that Contractor has contractual authority to sell or provide a
any goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices. 06
3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the to,
parties, Enterprise Services reserves the right to modify the Ammunition included in this o
Contract; Provided, however, that any such modification shall be effective only upon thirty c)
(30) calendar days advance written notice; and Provided further, that any such modification III
must be within the scope of the Competitive Solicitation for this Contract. 0
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3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this m
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Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA — c
Included Ammunition and Prices may be adjusted upon Contractor request. T
Requests for price adjustment must be made in writing and be received between October
15 and December 15 of each calendar year to be eligible for an adjustment on the following r
February 1. In the event Contractor fails to timely request a price adjustment, Enterprise 0
Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that >,
such adjustment will not be effective for any time prior to Enterprise Services' price a
adjustment, and Contractor is in good standing, by reasonably performing Contract U)
obligations, including timely sales reporting and paying vendor management fees as
required herein, are eligible for economic adjustments.
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Price adjustments will be made in accordance with the average percentage change in the E
United States Department of Labor, Bureau of Labor and Statistics (BLS) Produce Price Q'
Indices (PPI) below issued for the contract term. Only final published data will be used.
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PCU332992332992 (Small Arms Ammunitions Manufacturing) E
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Economic adjustment will lag one (1) calendar quarter past the Contract commencement
date to allow for publication of BLS data. All calculations for the index shall be based upon
the latest version of data published as of December 1st each year. Prices may be adjusted
and effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a
direct substitute for the prior index according to the BLS), this Contract will use the recoded
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STATEWIDE CONTRACT No.22422—AMMUNITION 3
(Rev.2022-11-16)
Packet Pg. 290
8.N.d
index, as applicable. If an index becomes unavailable, Enterprise Services shall substitute a ,o
proxy index. If there is not a direct substitute,the next higher aggregate index available will w
be used. The economic adjustment shall be calculated as follows:
New Price= Old Price x (Current Period Index/Base Period Index).
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The "Current Period Index" is the average of the most recent twelve months of non- a
preliminary BLS Index values, and the "Base Period Index" is the average of the twelve c'
months of non-preliminary BLS Index values prior to the Current Period Index.
3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers during the term of
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this Contract, Contractor guarantees to provide the Ammunition at no greater than the li
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prices set forth in ExhibitA — Included Ammunition and Prices (subject to economic >_
adjustment as set forth herein).
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3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers 0
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information regarding this Contract, including scope, pricing, and lowest responsive, �?
responsible bidder designation. In addition, Enterprise Services identifies awarded
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contractors who qualify as Washington Small Businesses, Certified Veteran-Owned !1
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state 0
procurement priorities as set forth in the Competitive Solicitation. S
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4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following 06
representations and warranties as of the effective date of this Contract and at the time any order is U
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placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such r
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representations and warranties, Contractor shall not process any orders and shall, within three (3) 0
business days notify Enterprise Services, in writing, of such breach.
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4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good d
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standing; (b) qualified to do business in the State of Washington; and (c) registered with the m
Washington State Department of Revenue and the Washington Secretary of State. o
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4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, cn
and has paid all applicable taxes owed to the State of Washington.
4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants r
that Contractor possesses and shall keep current during the term of this Contract all 0
required licenses, certifications, permits, authorizations, and approvals necessary for
Contractor's proper performance of this Contract. a
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4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in cn
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Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates
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presently are nor have ever been debarred, suspended, proposed for debarment, declared
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ineligible, or voluntarily excluded from participation in any governmental contract by any E
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governmental department or agency within the United States. Q-
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4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's w
Bidder's Certification, that during the term of this Contract and the three (3) year period E
immediately preceding the award of the Contract, Contractor has not been determined, by a L_
final and binding citation and notice of assessment issued by the Washington Department of �
Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction, to be in willful violation of any provision of Washington state wage laws set E
forth in RCW 49.46,49.48, or 49.52. U
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STATEWIDE CONTRACT No.22422—AMMUNITION 4
(Rev.2022-11-16)
Packet Pg. 291
8.N.d
4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all ,o
applicable requirements regarding civil rights. Such requirements prohibit discrimination r
against individuals based on their status as protected veterans or individuals with
disabilities, and prohibit discrimination against all individuals based on their race, color,
religion, sex, sexual orientation, gender identity, or national origin.
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4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously
certified in Contractor's Bidder's Certification, that Contractor does NOT require its
employees, as a condition of employment, to sign or agree to mandatory individual
arbitration clauses or class or collective action waivers. Contractor further represents and a
warrants that, during the term of this Contract, Contractor shall not, as a condition of
employment, require its employees to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers.
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4.8. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within O
the three (3) year period prior to this Contract, neither Contractor nor its principals or v
affiliates: (a) have been convicted of or had a civil judgment rendered against them for00
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commission of fraud or a criminal offence in connection with obtaining, attempting to
obtain, or performing a public (federal, state, local, or tribal) contract or purchase order 0
under a public contract; (b) have been in violation of federal or state antitrust statutes or S
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, a
making false statements or receiving stolen property; (c) have been indicted for or 06
otherwise criminally or civilly charged by a government entity (federal, state, local, or tribal)
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with commission of any of the offense enumerated in subsection (b) of this provision; or c
(d) had one or more public contracts (federal, state, local, or tribal) terminated for cause or ci
default. w
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4.9. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that a�
Contractor complies fully with all applicable procurement ethics restrictions including, but m
not limited to, restrictions against Contractor providing gifts or anything of economic value,
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directly or indirectly,to Enterprise Services and Purchasers' employees.
4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's
contract registration system and that, all of Contractor's information therein is current and o
accurate and that throughout the term of this Contract, Contractor shall maintain an U,
accurate profile in WEBS. Q-
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4.11. WASHINGTON'S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor Is
registered with Washington's Statewide Payee Desk, which registration is a condition to
payment.
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4.12. CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants E
that Contractor shall use commercially reasonable efforts both to promote and market the
use of this Contract with eligible Purchasers and to ensure that those entities that utilize this w
Contract are eligible Purchasers. Contractor understands and acknowledges that neither E
Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting L
that such Ammunition is the best or only solution to their needs. Accordingly, Contractor i7L
further represents and warrants that Contractor shall make no reference to Enterprise c
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Services, any Purchaser, or the State of Washington in any promotional material without the E
prior written consent of Enterprise Services. U
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STATEWIDE CONTRACT No.22422—AMMUNITION 5
(Rev.2022-11-16)
Packet Pg. 292
8.N.d
4.13. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has ,o
been employed or retained to solicit or secure this Contract upon an agreement or r
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established agents as defined in the Federal Acquisition
Regulations.
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4.14. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not
commenced bankruptcy proceedings and that there are no judgment, liens, or
encumbrances of any kind affecting title to any Ammunition that is the subject of this
Contract.
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4.15. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in >
Contractor's Bidder's Certification, that Contractor has the operational and financial a
capability to perform the Contract. Q.
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4.16. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or °
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a similar contract, is transitioned to another contractor (e.g., Contract expiration or
termination), Contractor shall use commercially reasonable efforts to assist Enterprise 00
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Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to
effectuate a smooth transition to another contractor to minimize disruption of service 0
and/or costs to the State of Washington and such Purchasers; Provided, however, that, if •L
costs are incurred, Contractor shall be compensated for such costs consistent with the terms a
06
and conditions pertaining to this Contract for the sixty (60) day period immediately before
such transition. f°
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4.17. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and o
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the v
Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the LU
Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included °a)
Ammunition and Prices. Contractor further represents and warrants that, if during the m
Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by
the Ammunition manufacturer to sell such Ammunition in the state of Washington,
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such
event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise L
directed in writing by Enterprise Services. c
4.18. SPORTING ARMS AND MANUFACTURER'S INSTITUTE (SAAMI). Contractor represents and warrants, U
as previously certified in Contractor's Bidder's Certification, all ammunition sold meets the 1
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Sporting Arms and Manufacturer's Institute requirements for specifications, transportation,
and storage requirements. U)
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STATEWIDE CONTRACT No.22422—AMMUNITION 6
(Rev.2022-11-16)
Packet Pg. 293
8.N.d
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5. QUALITY;WARRANTY; REMEDIES. 12
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5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design, c
material, and workmanship; (b)fit and safe for the intended purposes; (c) consistent with E
recognized industry quality standards; (d) complies with the requirements, specifications,
and descriptions included in this Contract; and (e) is produced and delivered in full a'
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compliance with applicable law ("Goods Warranty"). Contractor further warrants that it has
good and marketable title to the Ammunition and shall keep Purchaser's property free of
liens. If Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold
any payment otherwise due Contractor until Contractor submits proof, in a form satisfactory a
to Purchaser, that all lienable claims have been fully paid or waived.
5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election, a
Contractor promptly shall remedy the defect by replacing any defective Ammunition. Q.
Contractor's Goods Warranty support shall include, at Contractor's sole expense, all v
technical support, parts, materials and equipment, and labor, including freight and "in/out"
costs required to address the defect. If, in Purchaser's judgment, replacement is00
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inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any
payments that have been made. The rights and remedies of the parties under this warranty 0
are in addition to any other rights and remedies of the parties provided by law or equity, S
including, without limitation, actual damages, and, as applicable and awarded under the a-
law,to a prevailing party, reasonable attorneys'fees and costs. 'd
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5.3. FAILURE TO REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10) f°
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calendar days after receipt of written notice from Purchaser, or if an emergency exists o
rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, v
Purchaser may, without prejudice to any other rights or remedies available to it, replace w
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Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at 00
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to m
Contractor.
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5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support, T
including after-hour technical support, at its own cost.
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6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be c
cause for termination. v
6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor shall meet all OSHA 3
and other safety-related federal, state, local, and/or tribal regulatory requirements
applicable to Ammunition. c
6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all
appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment E
of Ammunition which requires such compliance. 3
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6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are W
resent at Purchaser's remises, Contractor promptly will report in writing all injuries,
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accidents, property damage, near-miss incidents, or any claims regarding damages or injury L
involving Contractor, its agents, employees, or subcontractors occurring at such premises. ".
Contractor agrees to cooperate and assist in any Purchaser investigation of incidents.
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STATEWIDE CONTRACT No.22422—AMMUNITION 7
(Rev.2022-11-16)
Packet Pg. 294
8.N.d
6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or ,o
subcontractors shall comply, in all respects, with Purchaser's physical, fire, access, safety, r
and other security requirements and not interfere with Purchaser's operations. Contractor
represents and warrants that Contractor, its agents, employees, or subcontractors who
access Purchaser's premises will be adequately trained and at all times comply with
Purchaser's requirements. a
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7. SUBCONTRACTORS.
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7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, in the event
Contractor elects to utilize subcontractors to perform this Contract, Contractor shall: a
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(a) incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be
fully responsible for the performance of any such subcontractors (regardless of tier) and
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ensure that subcontractors comply with each and every Contractor obligation set forth in o
this Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers v
regarding all contractual matters; (d) ensure that such subcontractors are registered in
WEBS; and (e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in 00
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case of negligence, other tortious fault, or intentional misconduct by any such
subcontractors (regardless of tier). Prior to utilizing any subcontractor to perform this 0
Contract, Contractor shall provide written notice to Enterprise Services' contract •L
administrator. Such notice shall confirm that the subcontractor is registered in WEBS and a
06
provide the necessary information for Enterprise Services' contract administrator to include
such subcontractor(s) in Washington's Purchasing Contract Management System (PCMS).
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7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such Lj
report(s) will include subcontractor data, by subcontractor, for any data that Contractor is w
required to report as well as a consolidated 'rollup' report combining Contractor and a.
subcontractor data. 0
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7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or
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certifications set forth in this Contract shall apply to subcontractors (at any tier) and
Contractor shall not utilize any subcontractors (at any tier) who cannot provide such
representations or certifications, excepting the certification to be registered with
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Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.
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8. USING THE CONTRACT—PURCHASES. >+
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8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract,
consistent with the terms hereof and by using any ordering mechanism agreeable both to
Contractor and Purchaser but including, at a minimum, a purchase order. When practicable,
Contractor and Purchaser also shall use telephone orders, email orders, web-based orders,
and similar procurement methods (collectively "Purchaser Order"). All Purchase Orders E
must reference the Contract number. The terms of this Contract shall apply to any Purchase 3
Order and, in the event of any conflict, the terms of this Contract shall prevail. w
Notwithstanding any provision to the contrary, in no event shall any 'click-agreement,' E
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software or web-based application terms and conditions, or any other agreement modify L
the terms and conditions of this Contract. ii
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or
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provided as required by this Contract, the Purchase Order used by Purchaser, and as E
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STATEWIDE CONTRACT No.22422—AMMUNITION 8
(Rev.2022-11-16)
Packet Pg. 295
8.N.d
otherwise mutually agreed in writing between Purchaser and Contractor. The following ,o
apply to all deliveries: r
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(a) Contractor shall make all deliveries to the applicable delivery location m
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specified in the Purchase Order. Such deliveries shall occur during
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Purchaser's normal work hours and within the time period mutually agreed
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in writing between Purchaser and Contractor. a,
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(b) Deliveries made to secure facilities and drivers entering those facilities shall y
be pre-approved by the Purchaser. Contractor must obtain the required
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clearance prior to any scheduled delivery to secure facilities.
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(c) Contractor shall ship all Ammunition purchased pursuant to this Contract, >
freight charges prepaid by Contractor, FOB Purchaser's specified destination a
with all transportation and handling charges included. Contractor shall bear Q.
all risk of loss, damage, or destruction of the Ammunition ordered v
hereunder that occurs prior to delivery, except loss or damage attributable
to Purchaser's fault or negligence. c,
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(d) All packing lists, packages, instruction manuals, correspondence, shipping
notices, shipping containers, and other written materials associated with 0
this Contract shall be identified by the Contract number set forth on the 2
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cover of this Contract and the applicable Purchaser's Purchase Order
06
number. Packing lists shall be enclosed with each shipment and clearly
identify all contents and any backorders.
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8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99% o
on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after v
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the LU
Purchaser. Adjustments to delivery still within the one-hundred eighty (180) day window o
must be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the )
one-hundred eighty (180) day window after receipt of order, Contractor will need to obtain 6
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mutual agreement in writing between Purchaser and Contractor or allow Purchaser to M
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withdraw their order.
Upon Purchaser or Enterprises Services request, Contractor must provide documentation
supporting compliance with this requirement. Documentation must be received by
requestor within ten (10) days of request. U
21
8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product Q.
ordered, a replacement product equal in price and performance may be substituted. All
products substitutions must be mutually agreed to by Purchaser and Contractor in writing
prior to order placement and documented in Purchaser's ordering paperwork.
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8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased under this Contract is subject
to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. Q.
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in
accordance with this Contract and Purchaser's Purchase Order. If there are any apparent U
defects in the Ammunition at the time of delivery, Purchaser promptly will notify
Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may L
ii
require Contractor to replace, at Contractor's expense, any or all damaged Ammunition or,
at Purchaser's option, Purchaser may note any such damage on the receiving report, decline aa)
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for
any Ammunition under such Purchase Order shall not be deemed acceptance. r
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STATEWIDE CONTRACT No.22422—AMMUNITION 9
(Rev.2022-11-16)
Packet Pg. 296
8.N.d
8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards ,o
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor r
will provide, within five (5) days, manufacturer literature that describes specific
performance requirements and standards of Ammunition purchased. Upon receipt of
manufacturer literature, Purchaser will provide to Contractor, within five (5) days,
supporting documentation describing how the Ammunition does not meet the a
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manufacturer performance requirements and standards. A full credit will be issued by the S
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Contractor within ten (10) days.
8.7. CUSTOMER SERVICE. Contractor will be available by phone and/ or email Monday through a
Friday from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within
twenty-four(24) hours.
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9. INVOICING&PAYMENT. 0
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9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's v
designated invoicing contact for Ammunition delivered under this Contract. Such invoices00
a,
shall itemize the following:
(a) Contract No. 22422; 0
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(b) Contractor name, address, telephone number, and email address for •L
billing issues (i.e., Contractor Customer Service Representative); a
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(c) Contractor's Federal Tax Identification Number; U
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(d) Date(s) of delivery; o
(e) Applicable Ammunition; v
(f) Invoice amount; and a
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(g) Payment terms, including any available prompt payment discounts. a)
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Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be
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processed for payment until receipt of a complete invoice as specified herein.
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9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice
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and conforming Ammunition. Unless Contractor has provided a prompt payment discount c
set forth in ExhibitA — Included Ammunition and Prices, Purchaser's payment is due within v
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due Q.
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments).
Contractor shall provide information necessary to facilitate electronic payments. If
Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount o
of one percent (1%) per month on the amount overdue or a minimum of$1. Payment will
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not be considered late if a check or warrant is mailed within the time specified. E
9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any
erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar w
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days of written notice to Contractor; Provided, however, that Purchaser shall have the right
to elect to have either direct payments or written credit memos issued. If Contractor fails to L
ii
make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall
pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue m
thirty(30) calendar days after notice to Contractor. E
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STATEWIDE CONTRACT No.22422—AMMUNITION 10
(Rev.2022-11-16)
Packet Pg. 297
8.N.d
9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or ,o
receive advance payment for any Ammunition furnished by Contractor pursuant to this r
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Contract.
9.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or a
impose any additional charges including, but not limited to, charges for shipping, handling, a'
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insurance, or payment processing with the following exception. Orders that do not meet
the minimum order requirement of five (5) cases or more, may be charged an additional
shipping charge reflective of actual shipping costs which shall not exceed $30.00 per
case.TAxEs/FEES. Contractor promptly shall pay all applicable taxes on its operations and a
activities pertaining to this Contract. Failure to do so shall constitute breach of this
Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the
State of Washington on purchased Ammunition. Contractor's invoices shall separately state
(a)taxable and non-taxable charges and (b) sales/use tax due by jurisdiction. In regard to 0
federal excise taxes, Contractor shall include federal excise taxes only if, after thirty (30) c�
calendar days written notice to Purchaser, Purchase has not provided Contractor with a
valid exemption certificate from such federal excise taxes. M
10. CONTRACT MANAGEMENT.
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10.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate a-
the following contract administrators as the respective single points of contact for purposes 06
of this Contract. Enterprise Services' contract administrator shall provide Contract U
oversight. Contractor's contract administrator shall be Contractor's principal contact for
business activities under this Contract. The parties may change contract administrators by Lj
written notice as set forth below. w
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Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or o
sent via email, and shall be sent to the respective addressee at the respective address or m
email address set forth below or to such other address or email address as the parties may
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specify in writing:
Enterprise Services Contractor
Attn: Brad Stringfellow Attn: Ryan King f°
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Washington Dept. of Enterprise Services San Diego Police Equipment Co. Inc. v
PO Box 41411 8205 Ronson Road Suite A
Olympia, WA 98504-1411 San Diego, CA 92111 Q-
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Tel: (360)407-9411 (Direct) Tel: (858) 974-8500 t�
(360)407-2213 (Team Line) Email: c
Email: DESContractsTeamFir@des.wa.gov ryan@sandiegopoliceequipment.com
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Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon E
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transmission to the designated email address of said addressee.
10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service w
representative (and inform Enterprise Services of the same) who shall be responsible for
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addressing Purchaser issues pertaining to this Contract.
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10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S.
certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent m
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STATEWIDE CONTRACT No.22422—AMMUNITION 11
(Rev.2022-11-16)
Packet Pg. 298
8.N.d
to the respective addressee at the respective address or email address set forth below or to ,o
such other address or email address as the parties may specify in writing: r
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Enterprise Services Contractor E
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Attn: Legal Services Manager Attn: Tina Baker
Washington Dept. of Enterprise Services San Diego Police Equipment Co. Inc. a
PO Box 41411 8205 Ronson Road Suite A
Olympia, WA 98504-1411 San Diego, CA 92111
Email: greg.tolbert@des.wa.gov Email: 2
tina@sandiegopoliceequipment.com a
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Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, >_
upon return receipt, or, if emailed, upon transmission to the designated email address of f°
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said addressee. Q-
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11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;He CONTRACTOR REPORTS.
11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to M
Enterprise Services, as set forth below.
(a) Contract Sales Reporting System. Contractor shall report quarterly U
Contract sales in Enterprise Services' Contract Sales Reporting System. a-
Enterprise Services will provide Contractor with a login password and a 06
vendor number. The password and vendor number will be provided to the
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Sales Reporting Representative(s) listed on Contractor's Bidder Profile.
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(b) Data. Each sales report must identify every authorized Purchaser by name U
as it is known to Enterprise Services and its total combined sales amount a
invoiced during the reporting period (i.e., sales of an entire agency or 0
political subdivision, not its individual subsections). The "Miscellaneous" m
option may be used only with prior approval by Enterprise Services. Upon
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request, Contractor shall provide contact information for all authorized
Purchasers specified herein during the term of the Contract. If there are
no Contract sales during the reporting period, Contractor must report zero
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(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports U
must be submitted electronically by the following deadlines for all a
Contract sales invoiced during the applicable calendar quarter:
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FOR SALES MADE IN CONTRACT SALES REPORT c
QUARTER
CALENDAR QUARTER ENDING DUE By PAST DUE
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1 January 1—March 31 April 30 May 1 Q-
2 April 1—June 30 July 31 August 1 w
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3 July 1—September 30 October 31 November 1
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4 October 1—December 31 January 31 February 1 ii
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STATEWIDE CONTRACT No.22422—AMMUNITION 12
(Rev.2022-11-16)
Packet Pg. 299
8.N.d
11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management ,o
fee ("VMF") of 1.25 percent on the purchase price for all Contract sales (the purchase price r
is the total invoice price less applicable sales tax).
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is
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calculated as follows:
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Amount owed to Enterprise Services = Total Contract sales invoiced (not a'
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including sales tax)x .0125. y
(b) The VMF must be rolled into Contractor's current pricing. The VMF must 2
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not be shown as a separate line item on any invoice unless specifically a
requested and approved by Enterprise Services. >
(c) Enterprise Services will invoice Contractor quarterly based on Contract sales
reported by Contractor. Contractor is not to remit payment until Contractor Q-
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receives an invoice from Enterprise Services. Contractor's VMF payment to 0
Enterprise Services must reference this Contract number, the year and
quarter for which the VMF is being remitted, and Contractor's name as set00
forth in this Contract, if not already included on the face of the check.
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(d) Contractor's failure to report accurate total net Contract sales, to submit a
timely Contract sales report, or to remit timely payment of the VMF to a
Enterprise Services, may be cause for Enterprise Services to suspend 06
Contractor or terminate this Contract or exercise remedies provided by law. U
Without limiting any other available remedies, the parties agree that r
Contractor's failure to remit to Enterprise Services timely payment of the 0
VMF shall obligate Contractor to pay to Enterprise Services, to offset the
administrative and transaction costs incurred by the State to identify, a
process, and collect such sums, the sum of $200.00 or twenty-five percent a,
(25%) of the outstanding amount, whichever is greater, or the maximum o
allowed by law, if less. c
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(e) Enterprise Services reserves the right, upon thirty (30) calendar days T
advance written notice to increase reduce or eliminate the VMF for
subsequent purchases, and reserves the right to renegotiate Contract f°
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pricing with Contractor when any subsequent adjustment of the VMF might o
justify a change in pricing. U,
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11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed 0-
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annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold U)
(including, as applicable, item number or other identifier), per unit quantities sold, items
and volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and
Contract price. This report must be provided in an electronic format that can be read by
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Microsoft (MS) Excel. Such report is due within thirty (30) calendar days following the 2-
twelve (12) month anniversary of Contract effective date and annually thereafter. w
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STATEWIDE CONTRACT No.22422—AMMUNITION 13
(Rev.2022-11-16)
Packet Pg. 300
8.N.d
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12. RECORDS RETENTION&AUDITS.
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12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other a,
evidence pertaining to this Contract and orders placed by Purchasers under it to the extent
and in such detail as shall adequately reflect contract performance and administration of
purchases, payments, taxes, and fees. Contractor shall retain such records for a period of
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six (6) years following expiration or termination of this Contract or final payment for any a.
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order placed by a Purchaser against this Contract, whichever is later; Provided, however, Z
that if any litigation, claim, or audit is commenced prior to the expiration of this period, such f°
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period shall extend until all such litigation, claims, or audits have been resolved. o
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12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit, �?
applicable records to ensure that Contractor properly has invoiced Purchasers and that
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Contractor has paid all applicable vendor management fees to Enterprise Services. M
Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly 0
authorized agent of a governmental agency, to audit inspect, examine copy and/or S2
transcribe Contractor's books, documents, papers and records directly pertinent to this L
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Contract or Purchase Orders placed by a Purchaser under this Contract for the purpose of 06
making audits, examinations, excerpts, and transcriptions. This right shall survive for a U
period of six (6) years following expiration or termination of this Contract or final payment
for any order placed by a Purchaser against this Contract, whichever is later; Provided, 0
however, that if any litigation, claim, or audit is commenced prior to the expiration of this w
period, such period shall extend until all such litigation, claims, or audits have been resolved. a
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12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any Other remedy m
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments
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inconsistent with the terms of this Contract or Purchase Orders placed thereunder, at a rate
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of 125% of any such overpayments, found as a result of the examination of Contractor's
records; and (b) reimburse Enterprise Services for any underpayment of vendor
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management fees, at a rate of 125% of such fees found as a result of the examination of
Contractor's records (e.g., if Contractor underpays the Vendor Management Fee by $500, U
Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625); Provided,
however, that, in the event Contractor timely discovers and corrects any Purchaser a
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overpayment or Contractor underpayment of vendor management fees and does so prior to cn
the initiation of any audit, Contractor shall be entitled to reimburse Purchaser or pay to c
Enterprise Services the actual amount of such Purchaser overpayment or such
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underpayment of vendor management fees. m
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13. INSURANCE.
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13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the E
insurance coverages set forth in Exhibit 8—Insurance Requirements. All costs for insurance,
including any payments of deductible amounts, shall be considered incidental to and
included in the prices for Ammunition and no additional payment shall be made to
Contractor.
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STATEWIDE CONTRACT No.22422—AMMUNITION 14
(Rev.2022-11-16)
Packet Pg. 301
8.N.d
13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation ,o
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to r
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its
employees as may be required by law, Enterprise Services may terminate this Contract. This
provision does not waive any of the Washington State Department of Labor and Industries
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf a
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in the State of Washington, and only to the extent of claims against Contractor by Purchaser S
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under the Indemnity obligations in this Contract, Contractor expressly waives any immunity
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification obligation will not be limited in any way by any limitation on a-
the amount or type of damages, compensation, or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefit acts.
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The parties expressly acknowledge and certify that the waiver of immunity under Title 51 0
RCW was mutually negotiated and agreed upon. v
14. CLAIMS. rn
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14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and M
all risks of personal injury or property damage to itself and its employees and agents in 0
connection with its operations under this Contract. Enterprise Services has made no •L
representations regarding any factor affecting Contractor's risks. Contractor shall pay for all
06
damage to any Purchaser's property resulting directly or indirectly from Contractor's acts or
omissions under this Contract. f°
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14.2. THIRD-PARTY CLAIMS; GENERAL INDEMNITY. TO the fullest extent permitted by law, Contractor
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shall defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees w
and agents harmless from and against all claims, demands, judgments, assessments, a
damages, penalties, fines, costs, liabilities, or losses including, without limitation, sums paid
in settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively o
"Claims") arising out of Contractor's or its successors', agents', or subcontractors'
negligence, other tortious fault, or intentional misconduct under this Contract; Provided, T
however,that no right to indemnity will exist as to that portion of a Claim resulting from the
sole negligence, tortious fault, or intentional misconduct of Enterprise Services or Purchaser. f°
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The parties agree that if there are any limitations of Contractor's liability, including a o
limitation of liability clause for anyone for whom the Contractor is responsible, such U,
limitations of liability shall not apply to injuries to persons (including death), damages to Q-
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property, data breach, and/or intellectual property infringement. Contractor shall take all '
steps needed to keep Purchaser's property free of liens arising from Contractor's activities,
and promptly obtain or bond the release of any such liens that may be filed.
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14.3. INTELLECTUAL PROPERTY INDEMNITY. TO the fullest extent permitted by law, Contractor shall
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defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and 2-
agents harmless from against any and all Claims resulting from allegations of infringement w
of any patents, copyrights, trade secret, or similar intellectual property rights covering the E
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use
of Ammunition and provided by Contractor is enjoined based on an intellectual property
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the
right to continue using the Ammunition or, after consulting with Purchaser and obtaining E
Purchaser's consent, replace or modify the Ammunition with substantially similar and
functionally equivalent non-infringing Ammunition.
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STATEWIDE CONTRACT No.22422—AMMUNITION 15
(Rev.2022-11-16)
Packet Pg. 302
8.N.d
15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract ,o
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such w
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each
organization. In such situation, upon notice by either party, each party, within five (5) business days
shall reduce its description of the dispute to writing and deliver it to the other party. The receiving
party then shall have three (3) business days to review and respond in writing. In the event that the Q
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parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference S
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between the respective senior managers of each organization to attempt to resolve the dispute. In
the event the parties cannot agree, either party may resort to court to resolve the dispute.
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16. TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES. >
16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of
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the parties; (b) by the non-breaching party where the breach is not cured within thirty (30) o
calendar days after written notice of breach is delivered to the breaching party, unless a v
different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly
provided for in this Contract. This Contract shall terminate automatically and without 00
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further action if a party becomes insolvent or is placed in receivership, reorganization,
liquidation, or bankruptcy. In addition to any other available remedies, the non-breaching 0
party may terminate this Contract as provided in subsection (b) above without further •L
liability by written notice to the breaching party. A termination for breach will not affect a
06
rights or obligations accrued or owed before the effective date of the termination notice. U
16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise r
Services may suspend or terminate this Contract and Purchasers may suspend or terminate o
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services v
or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably w
a
determines that: (a) a change in Federal or State legislation or applicable laws materially 00
affects the ability of either party to perform under the terms of this Contract or applicable m
Purchase Order; or (b)that a change in available funds affects Purchaser's ability to pay
under the applicable Purchase Order. A change of available funds as used in this section
includes but is not limited to a change in Federal or State funding, whether as a result of a
legislative act or by order of the President or the Governor. If a written notice is delivered L
under this provision, Purchaser will reimburse Contractor for Ammunition properly ordered c
until the effective date of said notice. Except as stated in this provision, in the event of U
termination for nonappropriation or reduction of funds or changes in law, Purchaser will 2'
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have no obligation or liability to Contractor.
16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may
terminate this Contract; Provided, however, that such termination for public convenience
must, in Enterprise Services' judgment, be in the best interest of the State of Washington;
and Provided further, that such termination for public convenience shall only be effective E
upon sixty (60) calendar days prior written notice; and Provided further, that such
termination for public convenience shall not relieve any Purchaser from payment for w
Ammunition already ordered as of the effective date of such notice. Except as stated in this E
provision, in the event of such termination for public convenience, neither Enterprise L_
Services nor any Purchaser shall have any obligation or liability to Contractor. 'l
16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept
and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no
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STATEWIDE CONTRACT No.22422—AMMUNITION 16
(Rev.2022-11-16)
Packet Pg. 303
8.N.d
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to ,o
expiration of this Contract allow for Contractor to provide Ammunition more than twelve r
(12) months beyond the expiration date of the Contract.
16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination Of this
Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any 0'
a
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would
continue beyond the expiration, termination, or cancellation of the Contract shall so
continue and survive; and (b) promptly return to Purchaser all keys, badges, and other
materials supplied by Purchaser for the performance of any Purchase Order entered into
a.
pursuant to this Contract.
16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare a
Contractor in default of this Contract: Q.
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(a) Contractor fails to perform or comply with any of the terms or conditions of 0
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this Contract;
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(b) Contractor fails to timely report contract sales; 00
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(c) Contractor fails to timely pay the vendor management fees when due; or a,
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(d) Contractor breaches any representation or warranty provided herein. .2
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16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's 06
operations under this Contract immediately by written cure notice of any default. U
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Suspension shall continue until the default is remedied to Enterprise Services' reasonable
satisfaction; Provided, however, that, if after thirty (30) calendar days from such a 0
suspension notice, Contractor remains in default, Enterprise Services may terminate
Contractor's rights under this Contract. All of Contractor's obligations to Enterprise Services a
and Purchasers survive termination of Contractor's rights under this Contract, until such a,
obligations have been fulfilled. m
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16.8. REMEDIES FOR DEFAULT. t�v
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(a) Enterprise Services' rights to suspend and terminate Contractor's rights
under this Contract are in addition to all other available remedies.
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(b) In the event of termination for default, Enterprise Services may exercise any
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remedy provided by law including, without limitation, the right to procure v
for all Purchasers replacement Ammunition. In such event, Contractor shall a
be liable to Enterprise Services for damages as authorized by law including,
but not limited to, any price difference between the Contract price and the
replacement or cover price as well as any administrative and/or transaction
costs directly related to such replacement procurement — e.g., the cost of
the competitive procurement. E
16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree
that in no event shall any party or Purchaser be liable to the other for exemplary or punitive w
damages; Provided, however, that nothing contained in this Section will in any way exclude
L
or limit: (a) a party's liability for all damages arising out of that party's intentional acts or ;v
omissions; (b)the operation of any warranty provided in this Contract; or (c) damages ``
subject to the Intellectual Property Indemnity section of this Contract. Any limitation of a
either party's obligations under this Contract, by delivery slips or other documentation is E
void. U
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STATEWIDE CONTRACT No.22422—AMMUNITION 17
(Rev.2022-11-16)
Packet Pg. 304
8.N.d
16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or �o
termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient w
suspension or termination. Accordingly, Contractor shall deliver to Purchasers all
Ammunition that has been ordered and Purchasers shall inspect, accept, and pay for the
same in accordance with this Contract and the applicable Purchase Order. Unless directed
by Enterprise Services to the contrary, Contractor shall not process any orders after notice a
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of suspension or termination inconsistent therewith. S
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16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual
written agreement of the parties; (b) by the non-breaching party where the breach is not
IL
cured within thirty (30) calendar days after written notice of breach is delivered to the
breaching party, unless a different time for cure is otherwise stated in the applicable
Purchase Order; and (c) as otherwise expressly provided for in the applicable Purchase
Order. Purchase Orders shall terminate automatically and without further action if a party 0
becomes insolvent or is placed in receivership, reorganization, liquidation, or bankruptcy. In c�
addition to any other available remedies, the non-breaching party may terminate the
Purchase Order as provided in subsection (b) above without further liability by written M
notice to the breaching party. A termination for breach will not affect rights or obligations
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accrued or owed before the effective date of the termination notice.
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17. PUBLIC INFORMATION He PUBLIC RECORDS DISCLOSURE REQUESTS. IL
06
17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this U
Contract and all related records are subject to public disclosure as required by Washington's
Public Records Act, RCW 42.56. 0
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17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the w
a
relevant page(s) of any records provided to Enterprise Services that Contractor believes are 0
statutorily exempt from disclosure and identify the precise statutory basis for exemption m
from disclosure. In addition, if, in Contractor's judgment, certain portions of such records
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are not statutorily exempt from disclosure but are sensitive because particular portions of
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade
secret information (or the equivalent) that Contractor protects through the regular use of
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confidentiality or similar agreements and routine enforcements through court enforcement
actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of U
any records that include such sensitive information.
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17.3. ENTERPRISE SERVICES' OBLIGATION. In the event that Enterprise Services receives a public
records disclosure request pertaining to records that Contractor has submitted and marked
either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to
disclosure, will do the following: Enterprise Services' Public Records Officer will review any
m
records marked by Contractor as statutorily exempt from disclosure. In those situations, E
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where the designation comports with the stated statutory exemption from disclosure,
Enterprise Services will redact or withhold the record(s) as appropriate. For records marked w
'sensitive' or for records where Enterprise Services determines that no statutory exemption E
to disclosure applies or is unable to determine whether the stated statutory exemption to to
disclosure properly applies, Enterprise Services will notify Contractor, at the address U_
provided in the Contract, of the public records disclosure request and identify the date that c
Enterprise Services intends to release the record(s) (including records marked 'sensitive' or E
exempt from disclosure) to the requester unless Contractor, at Contractor's sole expense, U
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STATEWIDE CONTRACT No.22422—AMMUNITION 18
(Rev.2022-11-16)
Packet Pg. 305
8.N.d
timely obtains a court order enjoining Enterprise Services from such disclosure. In the event ,o
Contractor fails to timely file a motion for a court order enjoining such disclosure, Enterprise r
Services will release the requested record(s) on the date specified. Contractor's failure
properly to identify exempted or sensitive information or timely respond after notice of
request for public disclosure has been given shall be deemed a waiver by Contractor of any
claim that such records are exempt or protected from public disclosure. a
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18. GENERAL PROVISIONS. cyo
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18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Contract. 3
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18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall
obtain all necessary permits and approvals and give all stipulations, certifications, and
representations that may be required for it to perform this Contract. Q.
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18.3. ENTIRE AGREEMENT. This Contract constitutes the entire agreement and understanding of the v
parties with respect to the subject matter and supersedes all prior negotiations,
representations, and understandings between them. There are no representations or00
understandings of any kind not set forth herein.
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18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended
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or modified except in writing and signed by a duly authorized representative of each party. a
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18.5. AUTHORITY. Each party to this Contract, and each individual signing on behalf of each party,
hereby represents and warrants to the other that it has full power and authority to enter
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into this Contract and that its execution, delivery, and performance of this Contract has
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been fully authorized and approved, and that no further approvals or consents are required v
to bind such party. a
18.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall a)
be or is intended to be created by or under this Contract. Neither party is an agent of the m
0
other party nor authorized to obligate it.
18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is N
created by this Contract. Contractor and its employees or agents performing under this
Contract are not employees or agents of Enterprise Services. Contractor shall not have
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or 0
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understanding, except as expressly set forth herein. Contractor and its employees and >,
agents are not entitled to unemployment insurance or worker's compensation benefits a
through Enterprise Services or the State of Washington and Enterprise Services and the U)
State of Washington will not pay for or otherwise provide such coverage for Contractor and
its employees and agents. CID
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18.8. ASSIGNMENT. Contractor may not assign its rights under this Contract without Enterprise E
Services' prior written consent and Enterprise Services may consider any attempted
assignment without such consent to be void; Provided, however, that, if Contractor w
(a) provides written notice to Enterprise Services within thirty (30) calendar days of such E
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent
Agreement, Contractor may assign its rights under this Contract in full to any parent, ii
subsidiary, or affiliate of Contractor that controls or is controlled by or under common
control with Contractor, is merged or consolidated with Contractor, or purchases a majority
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or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed,
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STATEWIDE CONTRACT No.22422—AMMUNITION 19
(Rev.2022-11-16)
Packet Pg. 306
8.N.d
Contractor guarantees prompt performance of all obligations under this Contract ,o
notwithstanding any prior assignment of its rights. r
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18.9. BINDING EFFECT; SUCCESSORS&ASSIGNS. This Contract shall be binding upon and shall inure to E
the benefit of the parties hereto and their respective successors and assigns. a
18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably a
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or
cause of action which Contractor now has or which may accrue to Contractor in the future
by reason of any violation of state or federal antitrust laws in connection with any 2
Ammunition provided in Washington for the purpose of carrying out Contractor's a
obligations under this Contract, including, at Enterprise Services' option, the right to control >
any such litigation on such claim for relief or cause of action. a
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18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition o
pursuant to this Contract, such Purchaser shall specify, with its Purchase Order, any v
applicable requirement or certification that must be satisfied by Contractor at the time the
Purchase Order is placed or upon delivery of such Ammunition to Purchaser. M
18.12. SEVERABIUTY. If any provision of this Contract is held to be invalid or unenforceable, such a,
provision shall not affect or invalidate the remainder of this Contract, and to this end the
provisions of this Contract are declared to be severable. If such invalidity becomes known a
or apparent to the parties, the parties agree to negotiate promptly in good faith in an 06
attempt to amend such provision as nearly as possible to be consistent with the intent of U
this Contract.
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18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and v
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or w
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to notify the other party in the event of breach, shall not release the other party of any of its 0
obligations under this Contract, nor shall any purported oral modification or rescission of m
this Contract by either party operate as a waiver of any of the terms hereof. No waiver by
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either party of any breach, default, or violation of any term, warranty, representation,
contract, covenant, right, condition, or provision hereof shall constitute waiver of any
subsequent breach, default, or violation of the same or other term, warranty,
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representation, contract, covenant, right, condition, or provision.
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18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth v
in or otherwise made pursuant to this Contract shall survive and remain in effect following a
the expiration or termination of this Contract, Provided, however, that nothing herein is 0
intended to extend the survival beyond any applicable statute of limitations periods.
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18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract
0
shall be governed by and construed in accordance with the laws of the State of Washington, m
without regard to any choice of law principles that would provide for the application of the Q-
laws of another jurisdiction. w
18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this E
Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court for L
the State of Washington and agree that in any such action venue shall lie exclusively at ii
Olympia, Washington.
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18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract, t
each party shall bear its own attorneys'fees and costs. U
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STATEWIDE CONTRACT No.22422—AMMUNITION 20
(Rev.2022-11-16)
Packet Pg. 307
8.N.d
18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be Construed as a O
whole according to their common meaning and not strictly for or against any party and y
consistent with the provisions contained herein in order to achieve the objectives and
purposes of this Contract. Each party hereto and its counsel has reviewed and revised this a
Contract and agrees that the normal rules of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be construed in the interpretation of Q
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this Contract. Each term and provision of this Contract to be performed by either party shall S
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be construed to be both a covenant and a condition.
18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the
parties shall each do whatever may reasonably be necessary to accomplish the transactions aa)
contemplated in this Contract including, without limitation, executing any additional
documents reasonably necessary to effectuate the provisions and purposes of this Contract.
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18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in L00)
their entirety.
18.21. CAPTIONS & HEADINGS. The captions and headings in this Contract are for convenience only o
and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or
intent of this Contract nor the meaning of any provisions hereof. c
.2
18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any d
other ancillary agreement shall be deemed to have the same legal effect as delivery of an 06
original executed copy of this Contract or such other ancillary agreement for all purposes.
L
18.23. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which o
shall be deemed an original and all of which counterparts together shall constitute the same v
instrument which may be sufficiently evidenced by one counterpart. Execution of this w
a
Contract at different times and places by the parties shall not affect the validity thereof so 0
long as all the parties hereto execute a counterpart of this Contract. a0'i
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EXECUTED as of the date and year first above written.
vn
STATE OF WASHINGTON SAN DIEGO POLICE EQUIPMENT CO.INC.,
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Department of Enterprise Services a California Corporation
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By: � By: Ry=g(D,,z2o�:s7PST) a
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ELENA MCGREW Ryan King
Its: Procurement Manager Its: Sales Manager
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STATEWIDE CONTRACT No.22422—AMMUNITION
(Rev.2022-11-16)
Packet Pg. 308
8.N.d
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EXHIBIT A JFO
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INCLUDED AMMUNITION AND PRICES d
All Ammunition:
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■ Shall be factory new, not reloaded or remanufactured a
■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical
specifications,transportation, storage
L
HANDGUN AMMUNITION a
a)
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code per Case per Case
(SKU) o
0
1 Federal Full Metal Jacket American Eagle AE9DP 9MM 115 1,000 $ 23S v
2 Federal Hollow Point Hi-Shok 96P 9MM 115 1,000 $ 32E a,
3 Federal Full Metal Jacket American Eagle AE9AP 9MM 124 1,000 $ 23S
4 Federal Hollow Point+P HST P9HST3 9MM 124 1,000 $ 42E
5 Federal Jacketed Hollow Point HST P9HST2 9MM 147 1,000 $ 42E .L
6 Federal Full Metal Jacket American Eagle AE9FP 9MM 147 1000 $ 25E
7 Federal Full Metal Jacket American Eagle AE38K 0.38 S 130 1,000 $ 40S U
8 Federal Jacketed Hollow Point HST P40HST3 0.40 165 1,000 $ 487 r
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9 Federal Full Metal Jacket American Eagle AE40111 0.40 180 1,000 $ 34E v
10 Federal Jacketed Hollow Point HST P40HST1 0.40 180 1,000 $ 487 w
11 Federal Full Metal Jacket American Eagle AE45A 0.45 230 1,000 $ 402 -
12 Federal Jacketed Hollow Point HST P45HST2 0.45 230 1,000 $ 52S
13 Federal Frangible RHT BC9NT3 91VIM 100 1000 $ 487
c
14 Federal Frangible RHT BC40CT1 40 S&W 125 1000 $ 63C
15 Federal Frangible RHT BC45CT1 45ACP 155 1000 $ 64E
16 Federal Jacketed Hollow Point HST P9HST1 9mm 124 1000 $ 42E cLa
17 Remington Full Metal Jacket Range R27778 9MM 115 1,000 $ 26E c
18 Remington Full Metal Jacket Range R27780 9MM 124 1,000 $ 271 L,
19 Remington Hollow Point+P Golden Saber 29358 9MM 124 500 $ 28E a
20 Remington Bonded Jacketed Hollow Golden Saber 29351 9MM 124 500 $ 394
Point+P
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21 Remington Jacketed Hollow Point Golden Saber 29359 9MM 147 500 $ 28E
22 Remington Bonded Jacketed Hollow Golden Saber 29353 9MM 147 500 $ 377
Point Q-
23 Remington Full Metal Jacket UMC 23730 0.38 S 130 500 $ 28: w
24 Remington Full Metal Jacket UMC 23779 0.40 180 500 $ 48_ E
25 Remington Jacketed Hollow Point Golden Saber R29430 0.40 180 500 $ 31C L
26 Remington Full Metal Jacket UMC 23696 0.45 230 500 $ 35C u-
27 Remington Bonded Hollow Point Golden Saber 29416 0.45 230 500 $ 42C
28 Remington Jacketed Hollow Point Golden Saber 29453 0.45 230 500 $ 34� E
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STATEWIDE CONTRACT No.22422—AMMUNITION 22
(Rev.2022-11-16)
Packet Pg. 309
8.N.d
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code per Case per Case
(SKU)
29 Speer Total Metal Jacket or Lawman 53650 9 MM 115 1,000 $ 22E
L
Brass Enclosed Base
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30 Speer Bonded Hollow Point Gold Dot 53614 9 MM 115 1,000 $ 42C
31 Speer Bonded Hollow Point Gold Dot 53618 9 MM 124 1,000 $ 42C
32 Speer Total Metal Jacket Lawman 53651 9 MM 124 1,000 $ 22E
33 Speer Bonded Hollow Point+P Gold Dot 53617 9 MM 124 1,000 $ 42C a
34 Speer Bonded Hollow Point Gold Dot 53619 9 MM 147 1,000 $ 42C ,>
35 Speer Full Metal Jacket Lawman 53620 9 MM 147 1000 $ 24F
36 Speer Bonded Hollow Point Gold Dot 53970 0.40 165 1,000 $ 48Z o
37 Speer Full Metal Jacket Lawman 53652 0.40 180 1,000 $ 312-
v
38 Speer Bonded Hollow Point Gold Dot 53962 0.40 180 1,000 $ 48a a,
39 Speer Total Metal Jacket Lawman 53653 0.45 230 1,000 $ 351
40 Speer Bonded Hollow Point Gold Dot 53966 0.45 230 1,000 $ 5K
41 Speer Bonded Gold Dot G2 54226 9mm 147 1000 $ 48E .L
42 Speer Bonded Gold Dot G2 53999 40S&W 180 1000 $ 54Z a-
43 Speer TMJ Lawman 53608 380ACP 95 1000 $ 33E
44 Speer Bonded Hollow Point Gold Dot 53606 380ACP 90 1000 $ 40S r
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45 Speer TMJ Lawman 53733 38Spl 125 1000 $ 40: v
46 Speer Bonded Hollow Point Gold Dot 53720 38Spl +P 125 1000 $ 52E w
47 Speer TMJ CleanFire 53880 40S&W 180 1000 $ 32C -
48 Speer Frangible RHT 53365 9mm 100 1000 $ 464
49 Speer Frangible RHT 53375 405&W 125 1000 $ 551 6
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50 Speer Frangible RHT 53395 45ACP 155 1000 $ 63`
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HANDGUN, LEAD-FREE (GREEN)
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Bullet Style Manufacturer Caliber Grain Product Name Product Rounds Price Pe c
#(SKU) per Case Case v
Total Metal Jacket, Clean Burn Federal 9 MM 124 American Eagle IRT AE9N1 1000 $ 3 '15
a
3
Lead Free Primer, Brass Federal 9 MM 147 American Eagle IRT AE9N2 1000 $ 3 coo 15
Enclosed Base
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Total Metal Jacket, Clean Burn Federal 0.45 230 American Eagle IRT AE45N1 1000 $ 4 E 15
Total Metal Jacket, Clean Burn Speer 9 MM 124 Clean Fire 53824 1000 $ 2 .5.5
Lead Free Primer, Brass Speer 9 MM 147 Clean Fire 53826 1000 $ 2 U .5
Enclosed Base E
Total Metal Jacket, Clean Burn Speer 0.45 230 Clean Fire 53885 1000 $ 3 10
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STATEWIDE CONTRACT NO.22422—AMMUNITION 23
(Rev.2022-11-16)
Packet Pg. 310
8.N.d
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RIFLE AMMUNITION ,o
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price r
Code(SKU) per Case per Case
1 Federal Pointed Soft Point Tactical TRU T223A 0.223 55 500 $ 331
L
2 Federal Full Metal Jacket, Boat American Eagle AE223 0.223 55 500 $ 23S a
Tail a,
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3 Federal Boat Tail Hollow Tip Tactical TRU T223E 0.223 55 500 $ 424
4 Federal Ballistic Tip Tactical TRU T223T 0.223 55 500 $ 442
L
5 Federal Bonded Soft Point Tactical Bonded LE223T3 0.223 62 200 $ 252 a
6 Federal Jacketed Soft Point Tactical TRU T223L 0.223 64 500 $ 331
7 Federal Boat Tail Hollow Tip Gold Medal GM308M500 0.308 168 500 $ 627 a
Match
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8 Federal Ballistic Tip Tactical Tip T308T 0.308 168 500 $ 627 v
9 Federal Bonded Tactical Bonded LE223T1 223Rem 55 200 $ 252
10 Federal Bonded Tip Tactical Bonded LE308TT2 308Win 168 200 $ 39S
00
11 Federal Frangible Ballisticlean BC556NX1 5.56mm 50 500 $ 444
12 Federal FMJ American Eagle AE223N 223Rem 62 500 $ 26S c'
13 Federal FMJ American Eagle AE308D 308Win 150 500 $ 47S a
14 Remington Full Metal Jacket UMC 23685 0.223 55 500 $ 257 otS
15 Remington Bonded Soft Point Premier 28918 0.223 62 200 $ 18S
16 Speer Bonded Soft Point Gold Dot 24446 0.223 55 500 $ 317
17 Speer Bonded Soft Point Gold Dot 24445SP 0.223 62 500 $ 317 ci
18 Speer Bonded Soft Point Gold Dot 24475 0.223 75 500 $ 322 w
a
19 Speer Bonded Soft Point Gold Dot 24458 308Win 168 500 $ 54S c
20 Speer Copper Plated Mini-Mag 30 22LR 40 5000 $ 37E o
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LEAD-FREE RIFLE AMMUNITION (GREEN)
Manufacturer Bullet Style(or Caliber Grain Product Name Product Code(SKU) Rounds Price Pei
equal) per Case Case L
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Federal Non-Toxic Frangible 0.223 42 Ballisticlean BC223NT5 500 $444.23 0
Remington Frangible 0.223 55 Disintegrator 23896 500 $367.22 U,
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SHOTGUN AMMUNITION
# Manufacturer Bullet Style Product Product Caliber Pellet Rounds Price
Name Code Count per per Case Q.
(SKU) Case
1 Federal 00 Buck Shot, Low Tactical LE13200 12 Gauge, 2-3/4" 9 250 $ 204 w
.8C
Recoil c`a
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2 Federal Hollow Point, Rifled Tactical LE127RS 12 Gauge, 2-3/4" n/a 250 $ 208.2C
Slug
3 Federal #7.5 Bird Shot Top Gun TGL12-7.5 12 Gauge, 2-3/4" n/a 250 $ 87.95
4 Federal Slug, Duty, Practice Power Shok F127RS 12 Gauge, 1" n/a 250 $ 205.6C
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STATEWIDE CONTRACT NO.22422—AMMUNITION 24
(Rev.2022-11-16)
Packet Pg. 311
8.N.d
# Manufacturer Bullet Style Product Product Caliber Pellet Rounds Price ,o
Name Code Count per per Case r
(SKU) Case E
5 Federal 00 Buck Shot Tactical LE13300 12 Gauge, 2-1/2" 8 250 $ 204.8C
L
6 Federal 00 Buck Shot Tactical LE12700 12 Gauge 9 250 $ 204.8C a
7 Federal Rifled Slug TruBall LEB127LRS 12 Gauge, 2-3/4" n/a 250 $ 212.5C
8 Federal #8 Shot Top Gun TGL12-8 12 Gauge, 2-3/4" n/a 250 $ 87.95
9 Remington 00 Buck Shot, Low LE Reduced 20643 12 Gauge, 2-3/4" 9 250 $ 224.0E
Recoil Recoil a
10 Remington Hollow Point, Rifled Slugger 20285 12 Gauge, 2-3/4" n/a 250 $ 252.9C
Slug a
11 Remington #7.5 Bird Shot Gun Club 20244 12 Gauge, 2-3/4" n/a 250 $ 92.14 Q.
12 Remington Slug, Duty, Practice Slugger 20279 12 Gauge, 1" n/a 250 $ 238.5C 00
13 Remington 00 Buck Shot LE Reduced 20645 12 Gauge, 2-1/2" 8 250 $ 238.1C
Recoil
00
14 Remington 00 Buck Shot Express LE 20812 12 Gauge 9 250 $ 242.2C
15 Remington #8 Shot Gun Club 20230 12 Gauge, 2-3/4" n/a 250 $ 92.14 c'
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SHOTGUN AMMUNITION, LEAD-FREE (GREEN) U
# Manufacturer Bullet Style (or equal) Product Product Caliber Pellet Shells per Price Per
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Name #(SKU) Count Case Case o
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1 Federal Frangible 00 Buck Ballisticlean BC13200 12 9 250 $ 338.1 w
Gauge a
2 Federal Frangible Slug Ballisticlean BC127RS 12 n/a 250 $ 449.8 tom
Gauge •a
3 Remington Frangible Slug Disintegrator 20635 12 - 250 $ 454.8
Gauge T
4 Remington Frangible 00 Buck Disintegrator 20641 12 9 250 $ 425.1
Gauge
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STATEWIDE CONTRACT NO.22422—AMMUNITION 25
(Rev.2022-11-16)
Packet Pg. 312
8.N.d
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EXHIBIT B 12
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INSURANCE REQUIREMENTS
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1. INSURANCE OBLIGATION. During the Term Of this Contract, Contractor shall possess and maintain
a�
in full force and effect, at Contractor's sole expense,the following insurance coverages: a
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a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance y
(and, if necessary, commercial umbrella liability insurance) covering bodily
injury, property damage, products/completed operations, personal injury, and
advertising injury liability on an 'occurrence form' that shall be no less
comprehensive and no more restrictive than the coverage provided by
Insurance Services Office (ISO) under the most recent version of form CG 00 01
L
in the amount of not less than $1,000,000 per occurrence and $2,000,000 0
general aggregate. This coverage shall include blanket contractual liability v
coverage. This coverage shall include a cross-liability clause or separation of
insured condition. 00
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b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable a,
Workers' Compensation or Industrial Accident insurance providing benefits as
required by law. a
06
c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if
necessary, commercial umbrella liability insurance) with limits not less than
$1,000,000 each accident for bodily injury by accident, $1,000,000 each 0
employee for bodily injury by disease, and $1,000,000 bodily injury by disease v
policy limit. The insurance coverage limits set forth herein are the minimum. w
a
Contractor's insurance coverage shall be no less than the minimum amounts 0
specified. Coverage in the amounts of these minimum limits, however, shall not m
be construed to relieve Contractor from liability in excess of such limits.
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Contractor waives all rights against the State of Washington for the recovery of
damages to the extent such damages are covered by any insurance required
herein.
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d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE (applicable if Contractor Uses a 0
Vehicle to access Purchasers' premises). 'Symbol 1' commercial automobile v
liability coverage (and, if necessary, commercial umbrella liability insurance) a
including coverage for all owned, hired, and non-owned vehicles. The combined
single limit per accident shall not be less than $1,000,000.
c
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
insurance company deemed acceptable to the State of Washington's Office of Risk E
Management. Insurance coverage shall be provided by companies authorized to do business 3
within the State of Washington and rated A- Class VII or better in the most recently published w
edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any E
insurance carrier(s)with an unacceptable financial rating. L
ii
3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile
Liability shall include the State of Washington and all authorized Purchasers (and their agents,
E
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STATEWIDE CONTRACT No.22422—AMMUNITION 26
(Rev.2022-11-16)
Packet Pg. 313
8.N.d
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured ,o
Endorsement attached to the Certificate of Insurance on such insurance policies. r
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4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to
Enterprise Services, as evidence of the insurance coverage required by this Contract, a
certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated a
kinds and minimum amounts, has been secured. In addition, no less than ten (10) calendar days
prior to coverage expiration, Contractor shall furnish to Enterprise Services an updated or
renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the 2
above-stated kinds and minimum amounts, has been secured. Failure to maintain or provide a
proof of insurance, as required, will result in contract cancellation. All policies and certificates
of insurance shall include the Contract number stated on the cover of this Contract. All a
certificates of Insurance and any related insurance documents shall be sent via email to Q.
Enterprise Services, and shall be sent to the email address set forth below: v
Email: DESContractsTeamFir@des.wa.gov
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Note: For Email notice,the Email Subject line must state: 00
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Contract Insurance Certificate—Contract No.22422—Ammunition
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5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution •2
from any insurance or self-insurance maintained by, or provided to, the additional insureds a
06
listed above including, at a minimum, the State of Washington and/or any Purchaser. All
insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any M
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insurance provided by Contractor or subcontractors. o
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6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required W
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insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any o
such subcontractor to provide insurance that complies with all applicable requirements of the m
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
for each subcontractor. Each subcontractor must comply fully with all insurance requirements
stated herein. Failure of any subcontractor to comply with insurance requirements does not
limit Contractor's liability or responsibility.
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7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of U
Washington and any Purchaser for the recovery of damages to the extent such damages are or
would be covered by the insurance specified herein. 3
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8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion
of aggregate limits, or intent not to renew insurance coverage, either in whole or in part,
c
without at least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise
Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any E
such written notice shall include the Contract number stated on the cover of this Contract.
w
9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather E
M
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) L
LL
years following expiration or termination of the Contract.
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* * * END OF INSURANCE REQUIREMENTS * * * d
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STATEWIDE CONTRACT No.22422—AMMUNITION 27
(Rev.2022-11-16)
Packet Pg. 314
8.N.d
22422 S D P E Contract
Final Audit Report 2023-12-21 12
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Created: 2023-12-19 m
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By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov)
Status: Signed Q
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Transaction ID: CBJCHBCAABAAzOG63bvCuLTWj6FErsB96tV9ymOSUUPe y
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"22422 SDPE Contract" History
Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov) v
2023-12-19-0:47:33 AM GMT
00
Document emailed to ryan@sandiegopoliceequipment.com for signature
2023-12-19-0:48:25 AM GMT
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Email viewed by ryan@sandiegopoliceequipment.com a
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2023-12-21 -5:54:30 PM GMT j
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z� Signer ryan@sandiegopoliceequipment.com entered name at signing as Ryan King o
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2023-12-21 -5:57:48 PM GMT '
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Document e-signed by Ryan King (ryan@sandiegopoliceequipment.com)
Signature Date:2023-12-21 -5:57:50 PM GMT-Time Source:server
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Document emailed to Elena McGrew (elena.mcgrew@des.wa.gov)for signature N
2023-12-21 -5:57:52 PM GMT
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Email viewed by Elena McGrew (elena.mcgrew@des.wa.gov) U
2023-12-21 -8:28:12 PM GMT 2'
3
C% Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov)
Signature Date:2023-12-21 -8:29:01 PM GMT-Time Source:server
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0 Agreement completed. E
2023-12-21 -8:29:01 PM GMT
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Adobe Acrobat Sign
Packet Pg. 315
8.N.d
Handgun Ammunition
# Manufacturer Bullet Style Product Name Product Code Caliber Grain Rounds Price
(SKU) per Case per Case a,
1 Federal Full Metal Jacket American Eagle AE9DP 9MM 115 1,000 $ 239.90 °cv�°
2 Federal Hollow Point Hi-Shok 9BP 9 MM 115 1,000 $ 325.10 c
3 Federal Full Metal Jacket American Eagle AE9AP 91VIM 124 1,000 $ 239.90 a
4 Federal Hollow Point+P HST P9HST3 91VIM 124 1,000 $ 425.08 06
5 Federal Jacketed Hollow Point HST P9HST2 9MM 147 1,000 $ 425.08
c
6 Federal Full Metal Jacket American Eagle AE9FP 9MM 147 1000 $ 258.30 �j
7 Federal Full Metal Jacket American Eagle AE38K 38 SPL 130 1,000 $ 409.52 w
8 Federal Jacketed Hollow Point HST P40HST3 40 S&W 165 1,000 $ 487.20 a
0
9 Federal Full Metal Jacket American Eagle AE40R1 40 S&W 180 1,000 $ 346.72
10 Federal Jacketed Hollow Point HST P40HST1 40 S&W 180 1,000 $ 487.20 6
11 Federal Full Metal Jacket American Eagle AE45A 45 ACP 230 1,000 $ 402.50
12 Federal Jacketed Hollow Point HST P45HST2 45 ACP 230 1,000 $ 529.70 y
13 Federal Frangible RHT BC9NT3 9MM 100 1000 $ 487.90 U
14 Federal Frangible RHT BC40CT1 40 S&W 125 1000 $ 630.96
15 Federal Frangible RHT BC45CT1 45 ACP 155 1000 $ 645.10 0
U
16 Federal Jacketed Hollow Point HST P9HST1 9mm 124 1000 $ 425.08 >+
17 Remington Full Metal Jacket Range R27778 91VIM 115 1,000 $ 266.10
18 Remington Full Metal Jacket Range R27780 91VIM 124 1,000 $ 271.75 c i
19 Remington Hollow Point+P Golden Saber 29358 91VIM 124 500 $ 286.50
Bonded Jacketed Hollow Point
20 Remington +P Golden Saber 29351 9MM 124 500 $ 394.52
E
21 Remington Jacketed Hollow Point Golden Saber 29359 91VIM 147 500 $ 286.50
22 Remington Bonded Jacketed Hollow Point Golden Saber 29353 9MM 147 500 $ 377.65 w
E
23 Remington Full Metal Jacket UMC 23730 38 SPL 130 500 $ 283.90
24 Remington Full Metal Jacket UMC 23779 40 S&W 180 500 $ 483.14 LL
25 Remington Jacketed Hollow Point Golden Saber R29430 40 S&W 180 500 $ 310.50 }
26 Remington Full Metal Jacket UMC 23696 45 ACP 230 500 $ 350.10
27 Remington Bonded Hollow Point Golden Saber 29416 45 ACP 230 500 $ 420.05
28 Remington Jacketed Hollow Point Golden Saber 1 29453 1 45 ACP 1 230 1 500 1 $ 342.30 f°
Q
Packet Pg. 316
8.N.d
Total Metal Jacket or Brass
29 Speer Lawman 53650 9 MM 115 1,000 $ 228.40
Enclosed Base
30 Speer Bonded Hollow Point Gold Dot 53614 9 MM 115 1,000 $ 420.95
31 Speer Bonded Hollow Point Gold Dot 53618 9 MM 124 1,000 $ 420.95 °cv�°
32 ISpeer Total Metal Jacket Lawman 53651 9 MM 124 1,000 $ 228.40
33 Speer Bonded Hollow Point+P Gold Dot 53617 9 MM 124 1,000 $ 420.95
34 Speer Bonded Hollow Point Gold Dot 53619 9 MM 147 1,000 $ 420.95 a
35 Speer Full Metal Jacket Lawman 53620 9 MM 147 1000 $ 249.20 06
36 Speer Bonded Hollow Point Gold Dot 53970 40 S&W 165 1,000 $ 484.42 U
L
37 Speer Full Metal Jacket Lawman 53652 40 S&W 180 1,000 $ 313.40
38 Speer Bonded Hollow Point Gold Dot 53962 40 S&W 180 1,000 $ 484.42 �j
39 Speer Total Metal Jacket Lawman 53653 45 ACP 230 1,000 $ 351.90 w
40 Speer Bonded Hollow Point Gold Dot 53966 45 ACP 230 1,000 $ 537.75 a
0
41 Speer Bonded Gold Dot G2 54226 9 MM 147 1000 $ 485.15
42 Speer Bonded Gold Dot G2 53999 40S&W 180 1000 $ 544.80
43 Speer TMJ Lawman 53608 380ACP 95 1000 $ 338.96
44 Speer Bonded Hollow Point Gold Dot 53606 380ACP 90 1000 $ 409.34 y
45 Speer TMJ Lawman 53733 38 SPL 125 1000 $ 402.38 U
46 Speer Bonded Hollow Point Gold Dot 53720 38 SPL+P 125 1000 $ 525.96
47 Speer TMJ CleanFire 53880 40S&W 180 1000 $ 320.54 0
U
48 Speer Frangible RHT 53365 9mm 100 1000 $ 464.72 >+
49 Speer Frangible RHT 53375 40S&W 125 1000 $ 551.79
50 Speer Frangible RHT 53395 45ACP 155 1000 $ 635.90 cn
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Packet Pg. 317
8.N.d
HANDGUN, LEAD-FREE(GREEN)
77Price
Bullet Style Manufacturer Caliber Grain Product NamePer CaseCD
Total Metal Jacket, Clean Burn Federal 9MM 124 American Eagle IRTr.
323.95 M
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Lead Free Primer, Brass Enclosed Base Federal 9 MM 147 American Eagle IRT AE91\12 1000 $ 323.95
Total Metal Jacket, Clean Burn Federal 45 ACP 230 American Eagle IRT AE451\11 1000 $ 478.55 a
Total Metal Jacket, Clean Burn Speer 9 MM 124 Clean Fire 53824 1000 $ 253.151 06
ca
Lead Free Primer, Brass Enclosed Base Speer 9 MM 147 Clean Fire 53826 1 1000 1 $ 253.15
Total Metal Jacket, Clean Burn Speer 45 ACP 230 IClean Fire 53885 1000 $ 382.50 �j
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Packet Pg. 318
8.N.d
Rifle Ammunition
Product Code Rounds Price
# Manufacturer Bullet Style Product Name Caliber Grain rn
(SKU) per Case per Case CO
1 Federal Pointed Soft Point Tactical TRU T223A 223Rem 55 500 $ 331.40
c
2 Federal Full Metal Jacket, Boat Tail American Eagle AE223 223Rem 55 500 $ 239.90 9
3 Federal Boat Tail Hollow Tip Tactical TRU T223E 223Rem 55 500 $ 424.10 a
06
4 Federal Ballistic Tip Tactical TRU T223T 223Rem 55 500 $ 442.65
5 Federal Bonded Soft Point Tactical Bonded LE223T3 223Rem 62 200 $ 252.05
6 Federal Jacketed Soft Point Tactical TRU T223L 223Rem 64 500 $ 331.40 v
7 Federal Boat Tail Hollow Tip Gold Medal Match GM308M500 308Win 168 500 $ 627.68
8 Federal Ballistic Tip Tactical Tip T308T 308Win 168 500 $ 627.68 a
9 Federal Bonded Tactical Bonded LE223T1 223Rem 55 200 $ 252.05
m
10 Federal Bonded Tip Tactical Bonded LE308TT2 308Win 168 200 $ 399.85 p
11 Federal Frangible Ballisticlean BC556NX1 5.56mm 50 500 $ 444.23
12 Federal FMJ American Eagle AE223N 223Rem 62 500 $ 269.40
N
13 Federal FMJ American Eagle AE308D 308Win 150 500 $ 479.30
14 Remington Full Metal Jacket UMC 23685 223Rem 55 500 $ 257.10
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15 Remington Bonded Soft Point Premier 28918 223Rem 62 200 $ 189.40 U
16 Speer Bonded Soft Point Gold Dot 24446 223Rem 55 500 $ 317.20 2'
a
17 Speer Bonded Soft Point Gold Dot 24445SP 223Rem 62 500 $ 317.20
18 Speer Bonded Soft Point Gold Dot 24475 223Rem 75 500 $ 322.80 N
FSpee19
r Bonded Soft Point Gold Dot 24458 308Win 168 500 $ 549.70
20 Speer Copper Plated Mini-Mag 30 22LR 40 5000 $ 378.22
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LEAD-FREE RIFLE AMMUNITION (GREEN)
Product Code Rounds Price Per
Manufacturer Bullet Style (or equal) Caliber Grain Product Name o�
(SKU) per Case Case M
Federal Non-Toxic Frangible 223Rem 42 Ballisticlean BC223NT5 500 $444.23
Remington Frangible 223Rem 55 Disintegrator 23896 500 $367.22
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Shotgun Ammunition
Product Code Pellet Rounds Price
# Manufacturer Bullet Style Product Name Caliber
(SKU) Count per Case per Case
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1 Federal 00 Buck Shot, Low Recoil Tactical LE13200 12 Gauge,2-3/4" 9 250 $ 204.80
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2 Federal Hollow Point,Rifled Slug, 1oz Tactical LE127RS 12 Gauge,2-3/4" n/a 250 $ 208.20 V
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3 Federal #7.5 Bird Shot Top Gun TGL12-7.5 12 Gauge,2-3/4" n/a 250 $ 87.95 06
4 Federal Slug, Duty, Practice,1oz Power Shok F127RS 12 Gauge,2-3/4" n/a 250 $ 205.60
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5 Federal 00 Buck Shot Tactical LE13300 12 Gauge,2-3/4" 8 250 $ 204.80
6 Federal 00 Buck Shot Tactical LE12700 12 Gauge,2-3/4" 9 250 $ 204.80 V
7 Federal Rifled Slug, 1oz TruBall LEB127LRS 12 Gauge,2-3/4" n/a 250 $ 212.50
8 Federal #8 Shot Top Gun TGL12-8 12 Gauge,2-3/4" n/a 250 $ 87.95 a
9 Remington 00 Buck Shot, Low Recoil LE Reduced Recoil 20643 12 Gauge,2-3/4" 9 250 $ 224.05 0
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10 Remington Hollow Point,Rifled Slug, 1oz Slugger 20285 12 Gauge,2-3/4" n/a 250 $ 252.90
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11 Remington #7.5 Bird Shot Gun Club 20244 12 Gauge,2-3/4" n/a 250 $ 92.14 f6
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12 Remington Slug, Duty, Practice,1oz Slugger 20279 12 Gauge,2-3/4" n/a 250 $ 238.50 N
13 Remington 00 Buck Shot LE Reduced Recoil 20645 12 Gauge,2-3/4" 8 250 $ 238.10
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14 Remington 00 Buck Shot Express LE 20812 12 Gauge,2-3/4" 9 250 $ 242.20
15 IRemington 1#8 Shot IGun Club 20230 1 12 Gauge,2-3/4" n/a 250 $ 92.14 0
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Product Product Code Pellet Shells p7PriceItem No. Manufacturer Bullet Style(or equal) CaliberName (SKU) Count Case00
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1 Federal Frangible 00 Buck Ballisticlean BC13200 12 Ga 2-3/4" 9 250 $ 338.12
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2 Federal Frangible Slug Ballisticlean BC127RS 12 Ga 2-3/4" n/a 250 $ 449.80 .2
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3 Remington Frangible Slug Disintegrator 20635 12 Ga 2-3/4'. 250 $ 454.85 06
4 Remington Frangible 00 Buck Disintegrator 20641 12 Ga 2-3/4" 9 250 $ 425.12
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8.N.d
ADDITIONAL CHARGES
Bidder Legal Company Name: San Diego Police Equipment Co. Inc.
Doing Business As Name (dba), if applicable:
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Authorized Representative Name/Phone/Email: Ryan King/858-974-8500/ ryan@sandiegopoliceequipment.com
ADDITIONAL CHARGES
Lift Gate Services. Please describe, in the space provided below, your company's process for requesting Lift Gate Services, •2
Price a
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If a lift gate delivery is required, please include this information on the purchase order.The fee is$50 for
orders under 100 cases, and no charge for 100+cases. Please ensure the address on the purchase order is
correct and lift gate noted if required. Once a shipment is en route, any changes will incur a fee from the 0
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carrier that will be billed to the Purchaser, including higher lift gate fees. $50.00
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Delivery Charges. Additional delivery charges are allowed for orders that do not meet the minimum five (5) cases or more,
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Washington State i
DEPARTMENT OF M
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STATEWIDE CONTRACT R
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No. 22422
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AMMUNITION
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CATEGORIES: HANDGUN—AGUILA;RIFLE—AGUILA;SHOTGUN—AGUILA; FORCE-ON-FORCE TRAINING—ULTIMATE U
TRAINING MUNITIONS r
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For Use by Eligible Purchasers '2
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By and Between v
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STATE OF WASHINGTON '
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DEPARTMENT OF ENTERPRISE SERVICES v
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PROFORCE MARKETING, INC.
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Dated January 1, 2024 E
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STATEWIDE CONTRACT
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No. 22422 E
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AMMUNITION r
CATEGORIES: HANDGUN—AGUILA;RIFLE—AGUILA;SHOTGUN—AGUILA;FORCE-ON-FORCE TRAINING—ULTIMATE N
TRAINING MUNITIONS N
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This Washington Statewide Contract ("Contract") is made and entered into by and between the State of a
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Washington acting by and through the Department of Enterprise Services, a Washington State S
CA
governmental agency ("Enterprise Services") and Proforce Marketing, Inc., an Arizona Corporation
("Contractor") and is dated and effective as of January 1, 2024. 2
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RECITALS
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of f°
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Washington, is authorized to develop, solicit, and establish enterprise procurement o
solutions, including statewide contracts, for goods and services to support Washington U
state agencies. See RCW 39.26.050(1). The Washington State Legislature also has
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authorized Enterprise Services to make these contracts available, pursuant to an 00
agreement in which Enterprise Services ensures full cost recovery,to other local or federal
government agencies or entities, public benefit nonprofit organizations, and any tribes c'
located in the State of Washington. See RCW 39.26.050(1) & (2).
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B. Certain Washington state agencies and other eligible purchasers need to procure as
specified types of ammunition products ("Ammunition") from qualified, professional U
vendors. Accordingly, Enterprise Services, on behalf of the State of Washington, issued
Competitive Solicitation No. 22422 dated September 8, 2023. The Competitive 0
U
Solicitation to establish Contracts for specified categories of Ammunition, by
manufacturer, to enable eligible purchasers to procure Ammunition from awarded
Contractors in a cost effective, efficient manner using the terms and conditions of the c
Contract. a
C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified
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Contractor as an apparent successful bidder for the above-referenced Contract r
Category(ies). o
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D. Enterprise Services has determined that entering into this Contract will meet the 21
identified needs and be in the best interest of the State of Washington. a
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E. The purpose of this Contract is to enable eligible purchasers to purchase Ammunition as
set forth herein.
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AGREEMENT E
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Now THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the '
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parties hereto hereby agree as follows: w
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1. TERM. The term of this Contract is twenty-four(24) months,commencing January 1, 2024 and ending Iv
December 31, 2025 Provided, however, that if Contractor is not in default and if, by July 1, 2025, in iTL.
Enterprise Services' reasonable judgment, Contractor satisfactorily has met the performance-based
goals for contract extension, Enterprise Services shall extend the term of this Contract, by written E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 1 Q
(Rev.2022-11-16)
Packet Pg. 325
8.N.e
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amendment, for up to thirty-six (36) additional months. Such extension amendment shall be on the
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same terms and conditions as set forth in this Contract. To earn the performance-based Contract M
term extension, Contractor must achieve the following performance-based metrics: `0
PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION C
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Contractor timely provides to Enterprise Services, with no less
Annual Detailed Sales a�
Report:
than a 100%on time rate,the annual detailed sales report. See a,
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§ 11.3.
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Contractor shall maintain a 95% on-time delivery rate with a w
On-time Delivery goal of 99%on-time deliveries. See §8.3.
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Contractor timely provides to Enterprise Services at the a
Insurance designated address, without exception, annual insurance >
Endorsements: endorsements for the insurance coverages required by this a
Contract. See Exhibit 8—Insurance Requirements at§ 13. Q.
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Contractor timely remits to Enterprise Service,with no less than U
a 75% on time rate over the contract term, the applicable r
Vendor Management Fee (VMF). M
Vendor Management
Note: Contractor must pay the VMF within thirty (30) calendar
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Fee: days of invoice from Enterprise Services. If Contractor is
delinquent in timely paying the VMF for three (3) or more a
quarters within the first nine (9) quarters of the Contract term, 06
Contractor will not be eligible for a performance-based U
extension.
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Contractor timely provides to Enterprise Services, with no less v
than a 75% on time rate over the contract term, the required
Contract quarterly sales reports. o
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Contract Note: Contractor must provide the quarterly sales reports to a
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Enterprise Services within thirty (30) calendar days of the
Sales Reports:
quarter's end. If Contractor is delinquent in providing the U
quarterly sales reports for three(3)or more quarters within the r
first nine (9) quarters of the Contract term, Contractor will not 0
be eligible for a performance-based extension.
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2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an to
eligible "Purchaser"):
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2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, c
boards, and commissions. E
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2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions
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of higher education in Washington: w
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■ State universities — i.e., University of Washington & Washington State
University; L
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■ Regional universities — i.e., Central Washington University, Eastern
Washington University, &Western Washington University
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STATEWIDE CONTRACT NO.22422—AMMUNITION 2 Q
(Rev.2022-11-16)
Packet Pg. 326
8.N.e
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■ Evergreen State College;
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■ Community colleges; and LL
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■ Technical colleges. °
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2.3. CONTRACT USAGE AGREEMENT PARTIES. Any Of the following types of entities that have executed
a Contract Usage Agreement with Enterprise Services: aEi
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■ Political subdivisions (e.g., counties, cities, school districts, public utility Q
districts) in the State of Washington;
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■ Federal governmental agencies or entities; rn
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■ Public-benefit nonprofit corporations (i.e., §501(c)(3) nonprofit 2
corporations that receive federal, state, or local funding); and '
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■ Federally-recognized Indian Tribes located in the State of Washington.
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3. SCOPE—INCLUDED AMMUNITION AND PRICE. N
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3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only U
the Ammunition specified in ExhibitA—Included Ammunition and Prices at the Prices set forth r
in ExhibitA — Included Ammunition and Prices. Contractor shall not represent to any 00
Purchaser under this Contract that Contractor has contractual authority to sell or provide any
goods or services beyond those set forth in ExhibitA—Included Ammunition and Prices. c'
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3.2. STATE'S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the a
parties, Enterprise Services reserves the right to modify the Ammunition included in this as
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Contract; Provided, however, that any such modification shall be effective only upon thirty U
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(30) calendar days advance written notice; and Provided further, that any such modification
must be within the scope of the Competitive Solicitation for this Contract. v
3.3. ECONOMIC PRICE ADJUSTMENT. Beginning twelve (12) months after the effective date of this °
Contract and for every annual anniversary thereafter, the prices set forth in ExhibitA — 12
Included Ammunition and Prices may be adjusted upon Contractor request. °
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Requests for price adjustment must be made in writing and be received between October 15
and December 15 of each calendar year to be eligible for an adjustment on the following U
February 1. In the event Contractor fails to timely request a price adjustment, Enterprise
Services, at its sole discretion, may allow an untimely adjustment; Provided, however, that v
such adjustment will not be effective for any time prior to Enterprise Services' price 21
adjustment, and Contractor is in good standing, by reasonably performing Contract C
obligations, including timely sales reporting and paying vendor management fees as required N
herein, are eligible for economic adjustments.
Price adjustments will be made in accordance with the average percentage change in the
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United States Department of Labor, Bureau of Labor and Statistics(BLS) Produce Price Indices E
(PPI) below issued for the contract term. Only final published data will be used.
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PCU332992332992 (Small Arms Ammunitions Manufacturing) w
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Economic adjustment will lag one(1)calendar quarter past the Contract commencement date
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to allow for publication of BLS data. All calculations for the index shall be based upon the ii
latest version of data published as of December 1st each year. Prices may be adjusted and
effective on February 1st of each year. If an index is recoded (i.e.,the recoded index is a direct
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substitute for the prior index according to the BLS), this Contract will use the recoded index,
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STATEWIDE CONTRACT NO.22422—AMMUNITION 3 Q
(Rev.2022-11-16)
Packet Pg. 327
8.N.e
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as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy °
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index. If there is not a direct substitute, the next higher aggregate index available will be ii
used. The economic adjustment shall be calculated as follows: `o
New Price= Old Price x (Current Period Index/Base Period Index).
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The "Current Period Index" is the average of the most recent twelve months of non- E
preliminary BLS Index values,and the"Base Period Index"is the average of the twelve months i
of non-preliminary BLS Index values prior to the Current Period Index. Q
3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of
this Contract,Contractor guarantees to provide the Ammunition at no greater than the prices
set forth in Exhibit — Included Ammunition and Prices (subject to economic adjustment as 2
set forth herein). a
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3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers
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information regarding this Contract, including scope, pricing, and lowest responsive,
responsible bidder designation. In addition, Enterprise Services identifies awarded o
contractors who qualify as Washington Small Businesses, Certified Veteran-Owned U
Businesses, or that, pursuant to the Contract provide Ammunition that meets specified state
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procurement priorities as set forth in the Competitive Solicitation. M
4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following
representations and warranties as of the effective date of this Contract and at the time any order is
placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such a
06
representations and warranties, Contractor shall not process any orders and shall, within three (3)
business days notify Enterprise Services, in writing, of such breach.
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4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good °
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standing; (b) qualified to do business in the State of Washington; and (c) registered with the
Washington State Department of Revenue and the Washington Secretary of State.
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4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and °
has paid all applicable taxes owed to the State of Washington. a
4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants U
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that Contractor possesses and shall keep current during the term of this Contract all required
licenses, certifications, permits, authorizations, and approvals necessary for Contractor's v
proper performance of this Contract. 21
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4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in to
Contractor's Bidder's Certification, that neither Contractor nor its principals or affiliates
presently are nor have ever been debarred, suspended, proposed for debarment, declared v
ineligible, or voluntarily excluded from participation in any governmental contract by any
governmental department or agency within the United States. E
4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor's
Bidder's Certification, that during the term of this Contract and the three (3) year period U
immediately preceding the award of the Contract, Contractor has not been determined, by a
final and binding citation and notice of assessment issued by the Washington Department of L
Labor and Industries or through a civil judgment entered by a court of limited or general
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jurisdiction,to be in willful violation of any provision of Washington state wage laws set forth aa)
in RCW 49.46,49.48, or 49.52. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 4 Q
(Rev.2022-11-16)
Packet Pg. 328
8.N.e
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4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable
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requirements regarding civil rights. Such requirements prohibit discrimination against U-
individuals based on their status as protected veterans or individuals with disabilities, and `o
prohibit discrimination against all individuals based on their race, color, religion, sex, sexual r
orientation, gender identity, or national origin.
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4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously
certified in Contractor's Bidder's Certification, that Contractor does NOT require its Q
employees,as a condition of employment,to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers. Contractor further represents and warrants that, y
during the term of this Contract, Contractor shall not, as a condition of employment, require z
its employees to si n or agree to mandatory Individual arbitration clauses or class or collective
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action waivers. a
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4.8. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within
the three (3) year period prior to this Contract, neither Contractor nor its principals or Q.
affiliates: (a) have been convicted of or had a civil judgment rendered against them for 0
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commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, v
or performing a public (federal, state, local, or tribal) contract or purchase order under a
public contract; (b) have been in violation of federal or state antitrust statutes or commission M
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false a,
statements or receiving stolen property; (c) have been indicted for or otherwise criminally or
.2
civilly charged by a government entity(federal, state, local, or tribal)with commission of any a
of the offense enumerated in subsection (b) of this provision; or (d) had one or more public as
contracts (federal, state, local, or tribal)terminated for cause or default. U
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4.9. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that o
Contractor complies fully with all applicable procurement ethics restrictions including, but not v
limited to, restrictions against Contractor providing gifts or anything of economic value,
directly or indirectly,to Enterprise Services and Purchasers' employees. o
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4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION(WEBS). Contractor represents and warrants that d
Contractor is registered in Washington's Electronic Business Solution (WEBS), Washington's N
contract registration system and that, all of Contractor's information therein is current and U
accurate and that throughout the term of this Contract, Contractor shall maintain an accurate
profile in WEBS. 0
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4.11. WASHINGTON'S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor Is Q
registered with Washington's Statewide Payee Desk, which registration is a condition to
payment.
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4.12. CONTRACT PROMOTION;ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that
Contractor shall use commercially reasonable efforts both to promote and market the use of
this Contract with eligible Purchasers and to ensure that those entities that utilize this a
Contract are eligible Purchasers. Contractor understands and acknowledges that neither
Enterprise Services nor Purchasers are endorsing Contractor's Ammunition or suggesting that U
such Ammunition is the best or only solution to their needs. Accordingly, Contractor further E
represents and warrants that Contractor shall make no reference to Enterprise Services, any �_
Purchaser, or the State of Washington in any promotional material without the prior written �
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consent of Enterprise Services.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 5 Q
(Rev.2022-11-16)
Packet Pg. 329
8.N.e
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4.13. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been
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employed or retained to solicit or secure this Contract upon an agreement or understanding U-
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees `0
or bona fide established agents as defined in the Federal Acquisition Regulations. r
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4.14. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced
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bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind
affecting title to any Ammunition that is the subject of this Contract. Q
4.15. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in
Contractor's Bidder's Certification, that Contractor has the operational and financial
capability to perform the Contract.
4.16. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or d
a similar contract, is transitioned to another contractor (e.g., Contract expiration or
termination), Contractor shall use commercially reasonable efforts to assist Enterprise
Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to 0
effectuate a smooth transition to another contractor to minimize disruption of service and/or 0
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costs to the State of Washington and such Purchasers; Provided, however, that, if costs are
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incurred, Contractor shall be compensated for such costs consistent with the terms and CD
conditions pertaining to this Contract for the sixty (60) day period immediately before such
transition.
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4.17. AMMUNITION MANUFACTURER OR AUTHORIZED REPRESENTATIVE. Contractor represents and .2
warrants, as previously certified in Contractor's Bidder's Certification, that Contractor is the a
06
Ammunition manufacturer or is authorized by the Ammunition manufacturer to sell the
Ammunition in the state of Washington for all manufacturers listed in Exhibit A — Included L
Ammunition and Prices. Contractor further represents and warrants that, if during the o
Contract term, Contractor ceases to be the Ammunition manufacturer or be authorized by U
the Ammunition manufacturer to sell such Ammunition in the state of Washington,
Contractor promptly shall notify Enterprise Services in writing within seven (7) days of such o
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event and shall cease sales of such Ammunition pursuant to this Contract unless otherwise o
directed in writing by Enterprise Services. a
4.18. SPORTING ARMS AND MANUFACTURER'S INSTITUTE(SAAMI).Contractor represents and warrants, as v
previously certified in Contractor's Bidder's Certification, all ammunition sold meets the
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Sporting Arms and Manufacturer's Institute requirements for specifications, transportation, o
and storage requirements. U
21
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5. QUALITY;WARRANTY;REMEDIES.
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5.1. WARRANTY. Contractor warrants that the Ammunition: (a) is free from defects in design,
material, and workmanship; (b)fit and safe for the intended purposes; (c)consistent with
recognized industry quality standards; (d) complies with the requirements,specifications,and
descriptions included in this Contract; and (e) is produced and delivered in full compliance a
with applicable law ("Goods Warranty'). Contractor further warrants that it has good and
marketable title to the Ammunition and shall keep Purchaser's property free of liens. If U
Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold any E
payment otherwise due Contractor until Contractor submits proof, in a form satisfactory to ;v
Purchaser,that all lienable claims have been fully paid or waived.
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5.2. REMEDY. If Ammunition does not comply with the Goods Warranty, at Purchaser's election,
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Contractor promptly shall remedy the defect by replacing any defective Ammunition.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 6 Q
(Rev.2022-11-16)
Packet Pg. 330
8.N.e
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Contractor's Goods Warranty support shall include,at Contractor's sole expense,all technical
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support, parts, materials and equipment, and labor, including freight and "in/out" costs U_
required to address the defect. If, in Purchaser's judgment, replacement is inadequate, or `o
fails of its essential purpose, Contractor shall refund the full amount of any payments that r
have been made. The rights and remedies of the parties under this warranty are in addition
to any other rights and remedies of the parties provided by law or equity, including, without E
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limitation, actual damages, and, as applicable and awarded under the law, to a prevailing
party, reasonable attorneys'fees and costs. Q
5.3. FAILURE To REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10)
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calendar days after receipt of written notice from Purchaser, or if an emergency exists z
rendering it impossible or impractical for Purchaser to have Contractor provide a remedy,
Purchaser may, without prejudice to any other rights or remedies available to it, replace a
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Ammunition, in which case Contractor shall reimburse Purchaser for its actual costs or, at >_
Purchaser's option, Purchaser will offset the costs incurred from amounts owing to
Contractor. Q-
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5.4. TECHNICAL SUPPORT. Contractor shall provide all warranty service and telephone support, v
including after-hour technical support, at its own cost.
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6. SAFETY;SECURITY. Contractor's failure to comply with any of the requirements in this Section shall be
cause for termination.
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6.1. REGULATORY REQUIREMENTS/SAFETY. Ammunition supplied by Contractor shall meet all OSHA d
and other safety-related federal,state, local,and/or tribal regulatory requirements applicable 06
to Ammunition. M
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6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all o
appropriate Material Safety Data Sheets ("MSDS") at the time of delivery of each shipment of v
Ammunition which requires such compliance.
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6.3. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are o
present at Purchaser's premises, Contractor promptly will report in writing all injuries, a
accidents, property damage, near-miss incidents, or any claims regarding damages or injury
involving Contractor, its agents, employees, or subcontractors occurring at such premises. i
Contractor agrees to cooperate and assist in any Purchaser investigation of incidents. o
6.4. ON SITE REQUIREMENTS. While on Purchaser's premises, Contractor, its agents, employees, or
subcontractors shall comply, in all respects,with Purchaser's physical,fire, access,safety, and °-
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other security requirements and not interfere with Purchaser's operations. Contractor in
represents and warrants that Contractor,its agents,employees,or subcontractors who access
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Purchaser's premises will be adequately trained and at all times comply with Purchaser's
requirements.
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7. SUBCONTRACTORS.
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7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, In the event E
Contractor elects to utilize subcontractors to perform this Contract, Contractor shall:
(a) incorporate Contractor's responsibilities under this Contract into its subcontracts; (b) be
fully responsible for the performance of any such subcontractors (regardless of tier) and
ensure that subcontractors comply with each and every Contractor obligation set forth in this E
Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding t
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all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and
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(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of M
negligence, other tortious fault, or intentional misconduct by any such subcontractors `o
(regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor r
shall provide written notice to Enterprise Services' contract administrator. Such notice shall
confirm that the subcontractor is registered in WEBS and provide the necessary information E
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for Enterprise Services' contract administrator to include such subcontractor(s) in
Washington's Purchasing Contract Management System (PCMS). Q
7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such y
report(s) will include subcontractor data, by subcontractor, for any data that Contractor is z
required to report as well as a consolidated 'rollu ' report combining Contractor and
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subcontractor data. a
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7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or
certifications set forth in this Contract shall apply to subcontractors (at any tier) and Q.
Contractor shall not utilize any subcontractors (at any tier) who cannot provide such 0
0
representations or certifications, excepting the certification to be registered with v
Washington's Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.
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8. USING THE CONTRACT—PURCHASES.
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8.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Ammunition from this Contract,
consistent with the terms hereof and by using any ordering mechanism agreeable both to a
Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, 06
Contractor and Purchaser also shall use telephone orders, email orders, web-based orders, L
and similar procurement methods(collectively"Purchaser Order"). All Purchase Orders must o
reference the Contract number. The terms of this Contract shall apply to any Purchase Order c�
and, in the event of any conflict,the terms of this Contract shall prevail. Notwithstanding any
provision to the contrary, in no event shall an 'click-agreement,' software or web-based
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application terms and conditions, or any other agreement modify the terms and conditions o
of this Contract. a
8.2. DELIVERY REQUIREMENTS. Contractor must ensure that the Ammunition is delivered or provided U
as required by this Contract, the Purchase Order used by Purchaser, and as otherwise
mutually agreed in writing between Purchaser and Contractor. The following apply to all 0
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deliveries: >,
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(a) Contractor shall make all deliveries to the applicable delivery location a
specified in the Purchase Order. Such deliveries shall occur during N
Purchaser's normal work hours and within the time period mutually agreed
in writing between Purchaser and Contractor.
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(b) Deliveries made to secure facilities and drivers entering those facilities shall E
be pre-approved by the Purchaser. Contractor must obtain the required
clearance prior to any scheduled delivery to secure facilities. w
(c) Contractor shall ship all Ammunition purchased pursuant to this Contract, E
freight charges prepaid by Contractor, FOB Purchaser's specified destination ;v
with all transportation and handling charges included. Contractor shall bear iTL.
all risk of loss, damage, or destruction of the Ammunition ordered hereunder
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that occurs prior to delivery, except loss or damage attributable to
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Purchaser's fault or negligence. ii
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(d) All packing lists, packages, instruction manuals, correspondence, shipping ,o
notices, shipping containers, and other written materials associated with this
Contract shall be identified by the Contract number set forth on the cover of
this Contract and the applicable Purchaser's Purchase Order number. Packing
lists shall be enclosed with each shipment and clearly identify all contents and a,
any backorders. Q
8.3. ON-TIME DELIVERY. Contractor shall maintain a 95% on-time delivery rate with a goal of 99%
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on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after
receipt of order (ARO) unless mutually agreed in writing between the Contractor and the
Purchaser.Adjustments to delivery still within the one-hundred eighty(180)day window must a
be documented in the Purchaser ordering paperwork. If an order's ETA surpasses the one-
hundred eighty(180)day window after receipt of order,Contractor will need to obtain mutual
agreement in writing between Purchaser and Contractor or allow Purchaser to withdraw their o
order. G
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Upon Purchaser or Enterprises Services request, Contractor must provide documentation
supporting compliance with this requirement. Documentation must be received by requestor CD
within ten (10) days of request.
8.4. ORDER FULFILLMENT AND SUBSTITUTIONS. In the event Contractor is unable to fulfill a product
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ordered, a replacement product equal in price and performance may be substituted. All
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products substitutions must be mutually agreed to by Purchaser and Contractor in writing 06
prior to order placement and documented in Purchaser's ordering paperwork. U
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8.5. RECEIPT AND INSPECTION OF AMMUNITION. Ammunition purchased under this Contract IS subject C
to Purchaser's reasonable inspection, testing, and approval at Purchaser's destination. i�
Purchaser reserves the right to reject and refuse acceptance of Ammunition that is not in
accordance with this Contract and Purchaser's Purchase Order. If there are any apparent o
defects in the Ammunition at the time of delivery, Purchaser promptly will notify Contractor. o
At Purchaser's option, and without limiting any other rights, Purchaser may require a
Contractor to replace, at Contractor's expense, any or all damaged Ammunition or, at
Purchaser's option, Purchaser may note any such damage on the receiving report, decline i
acceptance, and deduct the cost of rejected Ammunition from final payment. Payment for o
any Ammunition under such Purchase Order shall not be deemed acceptance. v
21
8.6. REFUNDS. Ammunition that does not perform to manufacturer specifications and standards a
will be refunded or replaced at no additional charge to Purchaser. Upon request, Contractor in
will provide, within five (5) days, manufacturer literature that describes specific performance
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requirements and standards of Ammunition purchased. Upon receipt of manufacturer
literature, Purchaser will provide to Contractor, within five (5) days, supporting m
documentation describing how the Ammunition does not meet the manufacturer E
performance requirements and standards. Afull credit will be issued by the Contractor within
ten (10) days. w
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8.7. CUSTOMER SERVICE. Contractor will be available by phone and/or email Monday through Friday
m
from 8:00 am to 5:00 p.m. Contractor will respond to voicemail and email within twenty-four U_
(24) hours.
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9. INVOICING&PAYMENT.
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9.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser's LL
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designated invoicing contact for Ammunition delivered under this Contract. Such invoices ,°
shall itemize the following:
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(a) Contract No. 22422; E
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(b) Contractor name, address,telephone number, and email address for billing
issues (i.e., Contractor Customer Service Representative); Q
(c) Contractor's Federal Tax Identification Number; y
(d) Date(s) of delivery;
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(e) Applicable Ammunition; '
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(f) Invoice amount; and
(g) Payment terms, including any available prompt payment discounts. f°
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Contractor's invoices for payment shall reflect accurate Contract prices. Invoices will not be °o
processed for payment until receipt of a complete invoice as specified herein. v
9.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.
00
Purchaser's obligation to pay invoices is subject to receipt of a timely and accurate invoice
and conforming Ammunition. Unless Contractor has provided a prompt payment discount
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set forth in Exhibit — Included Ammunition and Prices, Purchaser's payment is due within
thirty(30) calendar days of invoice. Purchaser retains the right of setoff for any amount due a
or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments). 06
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Contractor shall provide information necessary to facilitate electronic payments. If Purchaser L
fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one o
percent (1%) per month on the amount overdue or a minimum of$1. Payment will not be c�
considered late if a check or warrant is mailed within the time specified.
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9.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any c
erroneous payment or overpayment. Such refunds shall occur within thirty(30)calendar days a
of written notice to Contractor;Provided, however,that Purchaser shall have the right to elect N
to have either direct payments or written credit memos issued. If Contractor fails to make U
timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay
Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty v
(30)calendar days after notice to Contractor. CL
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9.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or
receive advance payment for any Ammunition furnished by Contractor pursuant to this N
Contract.
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9.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or m
impose any additional charges including, but not limited to, charges for shipping, handling, _E
insurance, or payment processing with the following exception. Orders that do not meet the '
minimum order requirement of five(5) cases or more, may be charged an additional shipping w
charge reflective of actual shipping costs which shall not exceed $30.00 per case.TAxEs/FEES. E
Contractor promptly shall pay all applicable taxes on its operations and activities pertaining
to this Contract. Failure to do so shall constitute breach of this Contract. Unless otherwise U-
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agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on
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purchased Ammunition. Contractor's invoices shall separately state (a)taxable and non- E
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taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes,
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Contractor shall include federal excise taxes only if, after thirty (30) calendar days written M
notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate `o
from such federal excise taxes. n
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10. CONTRACT MANAGEMENT. E
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10.1. CONTRACT ADMINISTRATION&NOTICES. Except for legal notices,the parties hereby designate the Q
following contract administrators as the respective single points of contact for purposes of
this Contract. Enterprise Services' contract administrator shall provide Contract oversight. y
Contractor's contract administrator shall be Contractor's principal contact for business z
activities under this Contract. The parties may change contract administrators by written
notice as set forth below. a
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Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or
sent via email,and shall be sent to the respective addressee at the respective address or email Q.
address set forth below or to such other address or email address as the parties may specify °o
in writing: V
Enterprise Services Contractor
00
Attn: Brad Stringfellow Attn: Kaylee Mitchell
Washington Dept. of Enterprise Services Proforce Law Enforcement
PO Box 41411 2625 Stearman Rd. Ste. A
Olympia, WA 98504-1411 Prescott,AZ 86301 a
06
Tel: 360 407-9411 Direct
( ) (Direct) Tel: (928) 776-7192 U
(360)407-2213 (Team Line) Email: sales@proforceonline.com
Email: DESContractsTeamFir@des.wa.eov 0
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Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon m
transmission to the designated email address of said addressee. o
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10.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service d
representative (and inform Enterprise Services of the same) who shall be responsible for N
addressing Purchaser issues pertaining to this Contract. U
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10.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. o
certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent v
to the respective addressee at the respective address or email address set forth below or to 1
such other address or email address as the parties may specify in writing: 3
Enterprise Services Contractor
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Attn: Legal Services Manager Attn: Kaylee Mitchell
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Washington Dept. of Enterprise Services Proforce Law Enforcement
PO Box 41411 2625 Stearman Rd. Ste. A Q-
Olympia, WA 98504-1411 Prescott,AZ 86301 w
Email: greg.tolbert@des.wa.gov Email: sales@proforceonline.com E
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Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, lv
upon return receipt, or, if emailed, upon transmission to the designated email address of said iTL.
addressee. c
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STATEWIDE CONTRACT NO.22422—AMMUNITION 11 Q
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11. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;&CONTRACTOR REPORTS.
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11.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to Enterprise LL
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Services, as set forth below. ,0
(a) Contract Sales Reporting System. Contractor shall report quarterly Contract
sales in Enterprise Services' Contract Sales Reporting System. Enterprise E
Services will provide Contractor with a login password and a vendor i
number. The password and vendor number will be provided to the Sales Q
Reporting Representative(s) listed on Contractor's Bidder Profile.
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(b) Data. Each sales report must identify every authorized Purchaser by name
as it is known to Enterprise Services and its total combined sales amount
invoiced during the reporting period (i.e., sales of an entire agency or a
political subdivision, not its individual subsections). The "Miscellaneous"
option may be used only with prior approval by Enterprise Services. Upon
request, Contractor shall provide contact information for all authorized Q.
Purchasers specified herein during the term of the Contract. If there are no 0
Contract sales during the reporting period, Contractor must report zero v
sales. r
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(c) Due dates for Contract Sales Reporting. Quarterly Contract Sales Reports
must be submitted electronically by the following deadlines for all Contract 0'
sales invoiced during the applicable calendar quarter: .2
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FOR SALES MADE IN CONTRACT SALES REPORT 06
QUARTER
CALENDAR QUARTER ENDING DUE By PAST DUE
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1 January 1—March 31 April 30 May 1 j
2 April 1—June 30 July 31 August 1
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3 July 1—September 30 October 31 November 1 c
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4 October 1—December 31 January 31 February 1 a
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11.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management i
fee ("VMF") of 1.25 percent on the purchase price for all Contract sales (the purchase price is o
the total invoice price less applicable sales tax). U
21
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is a-
calculated as follows:
Amount owed to Enterprise Services = Total Contract sales invoiced (not
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including sales tax)x .0125.
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(b) The VMF must be rolled into Contractor's current pricing. The VMF must not E
be shown as a separate line item on any invoice unless specifically requested
and approved by Enterprise Services.
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(c) Enterprise Services will invoice Contractor quarterly based on Contract sales E
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reported by Contractor. Contractor is not to remit payment until Contractor m
receives an invoice from Enterprise Services. Contractor's VMF payment to ii
Enterprise Services must reference this Contract number, the year and
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quarter for which the VMF is being remitted, and Contractor's name as set
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forth in this Contract, if not already included on the face of the check. ii
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(d) Contractor's failure to report accurate total net Contract sales, to submit a ,o
timely Contract sales report, or to remit timely payment of the VMF to
Enterprise Services, may be cause for Enterprise Services to suspend
Contractor or terminate this Contract or exercise remedies provided by law.
Without limiting any other available remedies, the parties agree that a,
Contractor's failure to remit to Enterprise Services timely payment of the Q
VMF shall obligate Contractor to pay to Enterprise Services, to offset the
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administrative and transaction costs incurred by the State to identify,
process, and collect such sums, the sum of $200.00 or twenty-five percent
3
(25%) of the outstanding amount, whichever is greater, or the maximum a
allowed by law, if less.
(e) Enterprise Services reserves the right, upon thirty(30) calendar days advance
written notice, to increase, reduce, or eliminate the VMF for subsequent o
purchases, and reserves the right to renegotiate Contract pricing with U
Contractor when any subsequent adjustment of the VMF might justify a r
change in pricing. M
11.3. ANNUAL CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed a,
annual Contract sales report. Such report shall include, at a minimum: the Ammunition sold
(including, as applicable, item number or other identifier), per unit quantities sold, items and a
volumes purchased by Purchaser, shipment/delivery locations by Purchaser, and Contract as
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price. This report must be provided in an electronic format that can be read by Microsoft U
(MS) Excel. Such report is due within thirty(30)calendar days following the twelve(12)month
anniversary of Contract effective date and annually thereafter. v
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12. RECORDS RETENTION He AUDITS. p
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12.1. RECORDS RETENTION. Contractor shall maintain books, records, documents,and other evidence li
pertaining to this Contract and orders placed by Purchasers under it to the extent and in such
detail as shall adequately reflect contract performance and administration of purchases, U
payments, taxes, and fees. Contractor shall retain such records for a period of six (6) years
following expiration or termination of this Contract or final payment for any order placed by °
U
a Purchaser against this Contract,whichever is later; Provided, however,that if any litigation, 21
claim, or audit is commenced prior to the expiration of this period, such period shall extend a
until all such litigation, claims, or audits have been resolved. in
12.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third-party audit, R
applicable records to ensure that Contractor properly has invoiced Purchasers and that
Contractor has paid all applicable vendor management fees to Enterprise Services. E
Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly
authorized agent of a governmental agency, to audit, inspect, examine, copy and/or w
transcribe Contractor's books, documents, papers and records directly pertinent to this E
Contract or Purchase Orders placed by a Purchaser under this Contract for the purpose of L
making audits,examinations, excerpts, and transcriptions. This right shall survive for a period ii
of six (6) years following expiration or termination of this Contract or final payment for any
order placed by a Purchaser against this Contract,whichever is later; Provided, however,that E
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if any litigation,claim,or audit is commenced prior to the expiration of this period,such period
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shall extend until all such litigation, claims, or audits have been resolved. ii
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12.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy 0
available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments
c
inconsistent with the terms of this Contract or Purchase Orders placed thereunder, at a rate
E
of 125% of any such overpayments, found as a result of the examination of Contractor's
records;and (b) reimburse Enterprise Services for any underpayment of vendor management Q
fees, at a rate of 125% of such fees found as a result of the examination of Contractor's
records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor
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would be required to pay to Enterprise Services$500 x 1.25=$625); Provided, however,that, z
in the event Contractor time) discovers and corrects an Purchaser overpayment or
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Contractor underpayment of vendor management fees and does so prior to the initiation of a
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any audit, Contractor shall be entitled to reimburse Purchaser or pay to Enterprise Services >_
the actual amount of such Purchaser overpayment or such underpayment of vendor
management fees. Q-
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13. INSURANCE.
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13.1. REQUIRED INSURANCE. Contractor, at its expense, shall maintain in full force and effect the 00
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insurance coverages set forth in Exhibit B—Insurance Requirements. All costs for insurance,
including any payments of deductible amounts,shall be considered incidental to and included S
.2
in the prices for Ammunition and no additional payment shall be made to Contractor. a
13.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation 06
r
statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to L
provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its o
employees as may be required by law, Enterprise Services may terminate this Contract. This c�
provision does not waive any of the Washington State Department of Labor and Industries
(L&I) rights to collect from Contractor. If Contractor performs services on Purchaser's behalf
0
in the State of Washington, and only to the extent of claims against Contractor by Purchaser o
under the Indemnity obligations in this Contract, Contractor expressly waives any immunity a
it may be granted under the Washington State Industrial Insurance Act, Title 51 RCW. rn
Contractor's indemnification obligation will not be limited in any way by any limitation on the
r
amount or type of damages,compensation,or benefits payable to or for any third party under
0
workers' compensation acts, disability benefit acts, or other employee benefit acts. The v
parties expressly acknowledge and certify that the waiver of immunity under Title 51 RCW a-
CL
was mutually negotiated and agreed upon.
14. CLAIMS.
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14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and d
all risks of personal injury or property damage to itself and its employees and agents in E
connection with its operations under this Contract. Enterprise Services has made no 0
a'
representations regarding any factor affecting Contractor's risks. Contractor shall pay for all w
damage to any Purchaser's property resulting directly or indirectly from Contractor's acts or
omissions under this Contract. ;v
ii
14.2. THIRD-PARTY CLAIMS;GENERAL INDEMNITY. To the fullest extent permitted by law,Contractor shall r
C
defend, INDEMNIFY, and hold Enterprise Services and any Purchaser and their employees and m
agents harmless from and against all claims, demands, judgments, assessments, damages,
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penalties, fines, costs, liabilities, or losses including, without limitation, sums paid in
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settlement of claims, attorneys' fees, consultant fees, and expert fees (collectively "Claims") ii
arising out of Contractor's or its successors', agents', or subcontractors' negligence, other `o
tortious fault,or intentional misconduct under this Contract; Provided, however,that no right r
to indemnity will exist as to that portion of a Claim resulting from the sole negligence,tortious
fault, or intentional misconduct of Enterprise Services or Purchaser. The parties agree that if E
a�
there are any limitations of Contractor's liability, including a limitation of liability clause for
anyone for whom the Contractor is responsible, such limitations of liability shall not apply to Q
injuries to persons (including death), damages to property, data breach, and/or intellectual c'
property infringement. Contractor shall take all steps needed to keep Purchaser's property
free of liens arising from Contractor's activities, and promptly obtain or bond the release of 2
any such liens that may be filed. a
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14.3. INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Contractor shall >_
defend, indemnify, and hold Enterprise Services and any Purchaser and their employees and f°
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agents harmless from against any and all Claims resulting from allegations of infringement of 0-
0
any patents, copyrights, trade secret, or similar intellectual property rights covering the 0
U
Ammunition provided, or the use of the Ammunition under this Contract. If Purchaser's use
r
of Ammunition and provided by Contractor is enjoined based on an intellectual property CD
infringement Claim, Contractor shall, at its own expense, either procure for Purchaser the
right to continue using the Ammunition or, after consulting with Purchaser and obtaining
Purchaser's consent, replace or modify the Ammunition with substantially similar and 2
functionally equivalent non-infringing Ammunition. a
06
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15. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Contract L
efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such o
dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each U
organization. In such situation, upon notice by either party, each party, within five (5) business days
shall reduce its description of the dispute to writing and deliver it to the other party. The receiving o
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party then shall have three (3) business days to review and respond in writing. In the event that the o
parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference a
between the respective senior managers of each organization to attempt to resolve the dispute. In
the event the parties cannot agree, either party may resort to court to resolve the dispute.
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16. TERMINATION;EXPIRATION;SUSPENSION;&REMEDIES. U
21
16.1. TERMINATION. This Contract may be terminated: (a) upon the mutual written agreement of a
the parties; (b) by the non-breaching party where the breach is not cured within thirty (30) in
calendar days after written notice of breach is delivered to the breaching party, unless a
different time for cure is otherwise stated in this Contract; and (c) as otherwise expressly
provided for in this Contract. This Contract shall terminate automatically and without further a
action if a party becomes insolvent or is placed in receivership, reorganization, liquidation, or a
bankruptcy. In addition to any other available remedies, the non-breaching party may
terminate this Contract as provided in subsection (b) above without further liability by written w
notice to the breaching party. A termination for breach will not affect rights or obligations E
accrued or owed before the effective date of the termination notice. ILL
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16.2. TERMINATION FOR NONAPPROPRIATION OR REDUCTION OF FUNDS OR CHANGES IN LAW. Enterprise
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Services may suspend or terminate this Contract and Purchasers may suspend or terminate
applicable Purchase Orders, in whole or in part, at the sole discretion of Enterprise Services E
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or, as applicable, Purchaser, if Enterprise Services or, as applicable, Purchaser reasonably
a�
determines that: (a) a change in Federal or State legislation or applicable laws materially ii
affects the ability of either party to perform under the terms of this Contract or applicable `0
Purchase Order;or(b)that a change in available funds affects Purchaser's ability to pay under r
the applicable Purchase Order. A change of available funds as used in this section includes
but is not limited to a change in Federal or State funding, whether as a result of a legislative E
a�
act or by order of the President or the Governor. If a written notice is delivered under this
provision, Purchaser will reimburse Contractor for Ammunition properly ordered until the Q
effective date of said notice. Except as stated in this provision, in the event of termination for c'
nonappropriation or reduction of funds or changes in law, Purchaser will have no obligation
or liability to Contractor. 2
16.3. TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may a
N
terminate this Contract; Provided, however, that such termination for public convenience >_
must, in Enterprise Services'judgment, be in the best interest of the State of Washington; and
Provided further, that such termination for public convenience shall only be effective upon 0-
0
sixty (60) calendar days prior written notice; and Provided further, that such termination for 0
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public convenience shall not relieve any Purchaser from payment for Ammunition already
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ordered as of the effective date of such notice. Except as stated in this provision, in the event CD
of such termination for public convenience, neither Enterprise Services nor any Purchaser
shall have any obligation or liability to Contractor.
.2
16.4. PURCHASER OBLIGATIONS—ExPIRATION. Upon expiration of this Contract, Purchaser shall accept d
and take delivery of all outstanding and not yet fulfilled Purchase Orders and pay Contractor as
the price as set out in the Contract. Notwithstanding any provision to the contrary, in no U
event shall a Purchaser's Purchase Order pursuant to this Contract that is executed prior to
expiration of this Contract allow for Contractor to provide Ammunition more than twelve(12) 0
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months beyond the expiration date of the Contract.
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16.5. CONTRACTOR OBLIGATIONS—EXPIRATION OR TERMINATION. Upon expiration or termination of this p
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Contract, Contractor shall: (a) continue to fulfill its warranty obligations with respect to any o
Ammunition sold hereunder and all provisions of the Contract that, by their nature, would a
continue beyond the expiration,termination,or cancellation of the Contract shall so continue
and survive; and (b) promptly return to Purchaser all keys, badges, and other materials
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supplied by Purchaser for the performance of any Purchase Order entered into pursuant to 0
this Contract. U
21
16.6. DEFAULT. Any of the following events shall constitute cause for Enterprise Services to declare a
Contractor in default of this Contract: in
(a) Contractor fails to perform or comply with any of the terms or conditions of
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this Contract;
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(b) Contractor fails to timely report contract sales; E
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(c) Contractor fails to timely pay the vendor management fees when due; or
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(d) Contractor breaches any representation or warranty provided herein. E
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16.7. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's L
operations under this Contract immediately by written cure notice of any default. Suspension U-
shall continue until the default is remedied to Enterprise Services' reasonable satisfaction;
Provided, however, that, if after thirty (30) calendar days from such a suspension notice, E
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(Rev.2022-11-16)
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Contractor remains in default, Enterprise Services may terminate Contractor's rights under
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this Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive ii
termination of Contractor's rights under this Contract, until such obligations have been `o
fulfilled. n
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16.8. REMEDIES FOR DEFAULT.
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(a) Enterprise Services' rights to suspend and terminate Contractor's rights i
under this Contract are in addition to all other available remedies. °f
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(b) In the event of termination for default, Enterprise Services may exercise any c'
remedy provided by law including,without limitation,the right to procure for
all Purchasers replacement Ammunition. In such event, Contractor shall be
liable to Enterprise Services for damages as authorized by law including, but a
not limited to, any price difference between the Contract price and the
replacement or cover price as well as any administrative and/or transaction
costs directly related to such replacement procurement—e.g.,the cost of the Q.
competitive procurement. °o
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16.9. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary,the parties agree that
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in no event shall any party or Purchaser be liable to the other for exemplary or punitive CD
damages; Provided, however, that nothing contained in this Section will in any way exclude
or limit: (a) a party's liability for all damages arising out of that party's intentional acts or
omissions; (b)the operation of any warranty provided in this Contract; or(c) damages subject 2
to the Intellectual Property Indemnity section of this Contract. Any limitation of either party's
06
obligations under this Contract, by delivery slips or other documentation is void.
16.10. SUSPENSION/TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or
termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient °
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suspension or termination. Accordingly, Contractor shall deliver to Purchasers all
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Ammunition that has been ordered and Purchasers shall inspect,accept,and pay for the same
in accordance with this Contract and the applicable Purchase Order. Unless directed b °
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Enterprise Services to the contrary, Contractor shall not process any orders after notice of a
suspension or termination inconsistent therewith.
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16.11. PURCHASER PURCHASE ORDERS. Purchaser Orders may be terminated: (a) upon the mutual
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written agreement of the parties; (b) by the non-breaching party where the breach is not o
cured within thirty (30) calendar days after written notice of breach is delivered to the U
21
breaching party, unless a different time for cure is otherwise stated in the applicable Purchase a-
Order;and (c) as otherwise expressly provided for in the applicable Purchase Order. Purchase in
Orders shall terminate automatically and without further action if a party becomes insolvent
or is placed in receivership, reorganization, liquidation, or bankruptcy. In addition to any
other available remedies, the non-breaching party may terminate the Purchase Order as
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provided in subsection (b)above without further liability by written notice to the breaching E
party. A termination for breach will not affect rights or obligations accrued or owed before
the effective date of the termination notice. w
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17. PUBLIC INFORMATION&PUBLIC RECORDS DISCLOSURE REQUESTS. y
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17.1. WASHINGTON'S PUBLIC RECORDS ACT. Unless statutorily exempt from public disclosure, this
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Contract and all related records are subject to public disclosure as required by Washington's
Public Records Act, RCW 42.56. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 17 Q
(Rev.2022-11-16)
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17.2. CONTRACTOR OBLIGATION. Contractor shall identify and mark the precise portion(s) of the
N
relevant page(s) of any records provided to Enterprise Services that Contractor believes are ii
statutorily exempt from disclosure and identify the precise statutory basis for exemption from `o
disclosure. In addition, if, in Contractor's judgment, certain portions of such records are not r
statutorily exempt from disclosure but are sensitive because particular portions of
Contractor's records (NOT including pricing) include highly confidential, proprietary, or trade E
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secret information (or the equivalent) that Contractor protects through the regular use of
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confidentiality or similar agreements and routine enforcements through court enforcement Q
actions, Contractor shall identify and mark the precise portion(s) of the relevant page(s) of c'
any records that include such sensitive information.
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17.3. ENTERPRISE SERVICES'OBLIGATION. In the event that Enterprise Services receives a public records
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disclosure request pertaining to records that Contractor has submitted and marked either as a
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(a) statutorily exempt from disclosure;or(b) sensitive,Enterprise Services, prior to disclosure, >_
will do the following: Enterprise Services' Public Records Officer will review any records
marked by Contractor as statutorily exempt from disclosure. In those situations, where the Q-
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designation comports with the stated statutory exemption from disclosure, Enterprise °
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Services will redact or withhold the record(s) as appropriate. For records marked 'sensitive'
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or for records where Enterprise Services determines that no statutory exemption to CD
disclosure applies or is unable to determine whether the stated statutory exemption to
disclosure properly applies, Enterprise Services will notify Contractor,at the address provided
in the Contract, of the public records disclosure request and identify the date that Enterprise 2
Services intends to release the record(s)(including records marked 'sensitive'or exempt from (L
06
disclosure)to the requester unless Contractor, at Contractor's sole expense, timely obtains a
court order enjoining Enterprise Services from such disclosure. In the event Contractor fails L
to timely file a motion for a court order enjoining such disclosure, Enterprise Services will o
release the requested record(s)on the date specified. Contractor's failure properly to identify U
exempted or sensitive information or timely respond after notice of request for public
disclosure has been given shall be deemed a waiver by Contractor of any claim that such 12
records are exempt or protected from public disclosure. a
18. GENERAL PROVISIONS. rn
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18.1. TIME IS OF THE ESSENCE. Time Is Of the essence for each and every provision of this Contract.
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18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law. Contractor shall Obtain U
all necessary permits and approvals and give all stipulations, certifications, and a-
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representations that may be required for it to perform this Contract.
18.3. ENTIRE AGREEMENT. This Contract constitutes the entire agreement and understanding of the
parties with respect to the subject matter and supersedes all prior negotiations,
representations, and understandings between them. There are no representations or E
understandings of any kind not set forth herein. a
18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Contract may not be amended w
or modified except in writing and signed by a duly authorized representative of each party. E
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18.5. AUTHORITY. Each party to this Contract, and each individual signing on behalf of each party, lv
hereby represents and warrants to the other that it has full power and authority to enter into iTL.
this Contract and that its execution, delivery,and performance of this Contract has been fully
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Packet Pg. 342
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authorized and approved,and that no further approvals or consents are required to bind such
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party. U-
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18.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall ,0
be or is intended to be created by or under this Contract. Neither party is an agent of the 0
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other party nor authorized to obligate it.
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18.7. INDEPENDENT CONTRACTOR. The parties intend that an independent contractor relationship is M
created by this Contract. Contractor and its employees or agents performing under this Q
Contract are not employees or agents of Enterprise Services. Contractor shall not have
authorization, express or implied, to bind Enterprise Services to any agreement, liability, or
understanding, except as expressly set forth herein. Contractor and its employees and agents 2
are not entitled to unemployment insurance or worker's compensation benefits through
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Enterprise Services or the State of Washington and Enterprise Services and the State of >
Washington will not pay for or otherwise provide such coverage for Contractor and its
employees and agents. M
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18.8. ASSIGNMENT. Contractor may not assign its rights under this Contract without Enterprise 0
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Services' prior written consent and Enterprise Services may consider any attempted
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assignment without such consent to be void; Provided, however, that, if Contractor
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(a) provides written notice to Enterprise Services within thirty (30) calendar days of such
event and (b)timely executes Enterprise Services' Assignment, Assumption, and Consent a'
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Agreement, Contractor may assign its rights under this Contract in full to any parent, .2
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subsidiary,or affiliate of Contractor that controls or is controlled by or under common control a
06
with Contractor, is merged or consolidated with Contractor, or purchases a majority or
controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, L
Contractor guarantees prompt performance of all obligations under this Contract o
notwithstanding any prior assignment of its rights. U
18.9. BINDING EFFECT; SUCCESSORS &ASSIGNS. This Contract shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and assigns. c
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18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED AMMUNITION. Contractor irrevocably a
assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or
cause of action which Contractor now has or which may accrue to Contractor in the future by
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reason of any violation of state or federal antitrust laws in connection with any Ammunition
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provided in Washington for the purpose of carrying out Contractor's obligations under this U
Contract, including, at Enterprise Services' option, the right to control any such litigation on a-
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such claim for relief or cause of action.
18.11. FEDERAL FUNDS. To the extent that any Purchaser uses federal funds to purchase Ammunition
pursuant to this Contract,such Purchaser shall specify,with its Purchase Order,any applicable
requirement or certification that must be satisfied by Contractor at the time the Purchase
Order is placed or upon delivery of such Ammunition to Purchaser. a
18.12. SEVERABIUTY. If any provision of this Contract is held to be invalid or unenforceable, such w
provision shall not affect or invalidate the remainder of this Contract, and to this end the E
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provisions of this Contract are declared to be severable. If such invalidity becomes known or
apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt
to amend such provision as nearly as possible to be consistent with the intent of this Contract.
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STATEWIDE CONTRACT NO.22422—AMMUNITION 19 Q
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18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and M
M
conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or ii
to notify the other party in the event of breach, shall not release the other party of any of its `o
obligations under this Contract, nor shall any purported oral modification or rescission of this r
Contract by either party operate as a waiver of any of the terms hereof. No waiver by either
party of any breach, default, or violation of any term, warranty, representation, contract, E
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covenant, right, condition, or provision hereof shall constitute waiver of any subsequent M
breach, default, or violation of the same or other term, warranty, representation, contract, Q
covenant, right, condition, or provision. c'
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18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth t
in or otherwise made pursuant to this Contract shall survive and remain in effect following
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the expiration or termination of this Contract, Provided, however, that nothing herein is a
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intended to extend the survival beyond any applicable statute of limitations periods. >_
18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Contract Q.
shall be governed by and construed in accordance with the laws of the State of Washington, 0
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without regard to any choice of law principles that would provide for the application of the v
laws of another jurisdiction.
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18.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this
Contract,the parties agree to exclusive jurisdiction in Thurston County Superior Court for the a'
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State of Washington and agree that in any such action venue shall lie exclusively at Olympia, .2
Washington. a
06
18.17. ATTORNEYS' FEES. In the event of litigation or other action brought to enforce this Contract, U
each party shall bear its own attorneys'fees and costs. c
18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Contract shall be construed as a U
whole according to their common meaning and not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and o
purposes of this Contract. Each party hereto and its counsel has reviewed and revised this o
Contract and agrees that the normal rules of construction to the effect that any ambiguities a
are to be resolved against the drafting party shall not be construed in the interpretation of N
this Contract. Each term and provision of this Contract to be performed by either party shall
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be construed to be both a covenant and a condition.
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18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Contract, the >,
parties shall each do whatever may reasonably be necessary to accomplish the transactions a
contemplated in this Contract including, without limitation, executing any additional in
documents reasonably necessary to effectuate the provisions and purposes of this Contract.
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18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Contract in their
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entirety. E
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18.21. CAPTIONS&HEADINGS. The captions and headings in this Contract are for convenience only and
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are not intended to, and shall not be construed to, limit, enlarge,or affect the scope or intent w
of this Contract nor the meaning of any provisions hereof. E
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18.22. ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Contract or any ILL I
other ancillary agreement shall be deemed to have the same legal effect as delivery of an
original executed copy of this Contract or such other ancillary agreement for all purposes. m
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STATEWIDE CONTRACT NO.22422—AMMUNITION 20 Q
(Rev.2022-11-16)
Packet Pg. 344
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18.23. COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which
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shall be deemed an original and all of which counterparts together shall constitute the same ii
instrument which may be sufficiently evidenced by one counterpart. Execution of this `o
Contract at different times and places by the parties shall not affect the validity thereof so r
long as all the parties hereto execute a counterpart of this Contract.
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EXECUTED as of the date and year first above written.
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STATE OF WASHINGTON PROFORCE MARKETING,INC.
Department of Enterprise Services an Arizona Corporation
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By: By: nav�reu;oe�agaez AISH a-
Elena McGrew Kaylee Mitchell
Its: Procurement Manager Its: Contract Specialist f°
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STATEWIDE CONTRACT NO.22422—AMMUNITION 21 Q
(Rev.2022-11-16)
Packet Pg. 345
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EXHIBIT A
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INCLUDED AMMUNITION AND PRICES 0
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All Ammunition:
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■ Shall be factory new, not reloaded or remanufactured
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■ Shall meet the Sporting Arms and Manufacturer's Institute (SAAMI) requirements for technical Q
specifications,transportation, storage
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HANDGUN AMMUNITION U
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# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price a
Code (SKU) per Case per Case
1 Aguila Full Metal Jacket AGUILA 1E097704 9 MM 115 1,000 $ 228.00 a
2 Aguila Full Metal Jacket AGUILA 1E092110 9 MM 124 1,000 $ 229.33 Q.
0
3 Aguila Full Metal Jacket AGUILA 1E382521 0.38 S 130 1,000 $ 366.22 0
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4 Aguila Full Metal Jacket AGUILA 1E402110 0.40 180 1,000 $ 326.44
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5 Aguila Full Metal Jacket AGUILA 1E452110 0.45 230 1,000 $ 372.00 M
6 Aguila SUPER AUTO+P FMJ AGUILA 1E382112 38 130 1000 $ 422.44
Super
7 Aguila SUBSONIC FMJ FN AGUILA 1E097719 9mm 147 1000 $ 262.89 a
8 Aguila JHP PRACTICE AGUILA 1E092125 9mm 124 500 $ 183.16 oa
9 j Aguila j COLT SOFT POINT j AGUILA j 1E454319 j 45 Colt j 200 j 500 $ 340.44 u
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RIFLE AMMUNITION j
# Manufacturer Bullet Style Product Name Product Caliber Grain Rounds Price
Code(SKU) per Case per Case
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1 Aguila Full Metal Jacket AGUILA 1E223110 0.223 55 1000 $ 428.22 0
2 Aguila FMJ BT AGUILA 1E556110 5.56 62 1000 $ 432.89 a
3 Aguila AAC BLACKOUT FMJ AGUILA 1E300110 300 150 1000 $ 650.44
4 Aguila WIN FMJBT AGUILA 1E308110 308 150 500 $ 411.11
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SHOTGUN AMMUNITION >+
# Manufacturer Bullet Style Product Name Product Caliber Pellet Rounds Price CL
Code(SKU) Count per Case per Case in
1 AGUILA 00 Buck Shot AGUILA 1CHB1320 12 Gauge 9 250 $ 135.89
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FORCE-ON-FORCE TRAINING AMMUNITION E
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# Bullet Style Product Product Code (SKU) Caliber Rounds Price w
Name per Case per Case E
1 Red Marking Cartridges UTM 01-0976 9 MM 1,000 $ 663.16 m
2 Blue Marking Cartridges UTM 01-0977 9 MM 1,000 $ 663.16 U-
3 Yellow Marking Cartridges UTM 01-0979 9 MM 1,000 $ 800.00
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4 Green Marking Cartridges UTM 01-0978 9 MM 1,000 $ 663.16 E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 22 Q
(Rev.2022-11-16)
Packet Pg. 346
8.N.e
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# Bullet Style Product Product Code (SKU) Caliber Rounds Price
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Name per Case per Case M
5 Red Marking Cartridges UTM 01-0971 0.223 900 $ 843.16 0
6 Blue Marking Cartridges UTM 01-0972 0.223 900 $ 843.16
7 Green Marking Cartridges UTM 01-0973 0.223 900 $ 843.16
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8 Blank Round UTM (01-3090) 9 MM 1,000 $ 600.00 i
9 9mm SBR UTM 01-3089 9mm 1000 $ 515.79 a'
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10 9mm LBBR UTM 01-3130 9mm 1000 $ 684.21 °f
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11 9mm SMG MMR Red UTM 01-0981 9mm 1000 $ 821.05
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12 9mm SMG MMR Blue UTM 01-0982 9mm 1000 $ 821.05 2
13 9mm SMG MMR Green UTM 01-0983 9mm 1000 $ 821.05 a-
14 9mm SMG MMR Yellow UTM 01-0984 9mm 1000 $ 989.47
15 9mm NMR UTM 01-3100 9mm 1000 $ 663.16 f°
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16 9mm UTX Red UTM 01-3101 9mm 1000 $ 715.79 0
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17 9mm UTX Blue UTM 01-3102 9mm 1000 $ 715.79 U
18 9mm UTX Green UTM 01-3103 9mm 1000 $ 715.79 r
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19 9mm UTX Yellow UTM 01-3104 9mm 1000 $ 852.63 00
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20 5.56mm SBR UTM 01-0856 5.56 900 $ 710.53 a,
21 5.56mm BBR UTM 01-0963 5.56 900 $ 729.47
22 5.56mm LBBR UTM 01-3268 5.56 900 $ 900.00 a
23 5.56mm RVR Red UTM 01-0815 5.56 900 $ 871.58 °a
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24 5.56mm RVR Blue UTM 01-0816 5.56 900 $ 871.58 L
25 5.56mm RVR Green UTM 01-0817 5.56 900 $ 871.58 0
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26 5.56mm RVR Yellow UTM 01-0818 5.56 900 $ 1,023.16 v
27 5.56mm MMR Yellow UTM 01-0974 5.56 900 $ 985.26
28 5.56mm TBR UTM 01-3125 5.56 900 $ 871.58 `°
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29 5.56mm NMR UTM 01-3097 5.56 900 $ 871.58 a
30 5.56mm FNC/SIG 551 MMR Red UTM 01-0753 5.56 900 $ 1,146.32
31 5.56mm FNC/SIG 551 MMR Blue UTM 01-0754 5.56 900 $ 11146.32
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32 5.56mm FNC/SIG 551 MMR Green UTM 01-0755 5.56 900 $ 1,146.32 0
0
33 5.56mm FNC/SIG 551 MMR Yellow UTM 01-0756 5.56 900 $ 1,146.32 v
34 5.56mm FNC/SIG 551 TBR UTM 01-3056 5.56 900 $ 1,146.32 0-
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35 5.56mm Linked SBR UTM 01-0770 5.56 1200 $ 1,427.37 c i
36 5.56mm Linked LBBR UTM 01-3270 5.56 1200 $ 1,490.53 c
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37 5.56mm Linked MMR Red UTM 01-3260 5.56 1200 $ 1,578.95
38 5.56mm Linked MMR Blue UTM 01-3261 5.56 1200 $ 1,578.95 E
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39 5.56mm Linked MMR Green UTM 01-3262 5.56 1200 $ 2,058.95 3
40 5.56mm Linked MMR Yellow UTM 01-3263 5.56 1200 $ 2,058.95 w
41 5.56mm Linked TBR UTM 01-3047 5.56 1200 $ 1,578.95 E
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STATEWIDE CONTRACT NO.22422-AMMUNITION 23 Q
(Rev.2022-11-16)
Packet Pg. 347
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EXHIBIT B
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INSURANCE REQUIREMENTS LO
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1. INSURANCE OBLIGATION. During the Term of this Contract, Contractor shall possess and maintain in
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full force and effect, at Contractor's sole expense,the following insurance coverages: aEi
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a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance Q
(and, if necessary,commercial umbrella liability insurance)covering bodily injury,
property damage, products/completed operations, personal injury, and
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advertising injury liability on an 'occurrence form' that shall be no less z
comprehensive and no more restrictive than the coverage provided by Insurance
Services Office (ISO) under the most recent version of form CG 00 01 in the a
amount of not less than $1,000,000 per occurrence and $2,000,000 general
aggregate. This coverage shall include blanket contractual liability coverage. This
coverage shall include a cross-liability clause or separation of insured condition. o
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b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable U
Workers' Compensation or Industrial Accident insurance providing benefits as
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required by law. 00
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c. EMPLOYERS' LIABILITY (STOP GAP) INSURANCE. Employers' liability insurance (and, if
necessary, commercial umbrella liability insurance) with limits not less than
$1,000,000 each accident for bodily injury by accident, $1,000,000 each a
employee for bodily injury by disease, and $1,000,000 bodily injury by disease 06
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policy limit. The insurance coverage limits set forth herein are the minimum. L
Contractor's insurance coverage shall be no less than the minimum amounts o
specified. Coverage in the amounts of these minimum limits, however, shall not U
be construed to relieve Contractor from liability in excess of such limits.
Contractor waives all rights against the State of Washington for the recover of
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damages to the extent such damages are covered by any insurance required o
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d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE(applicable If Contractor Uses a Vehicle U
to access Purchasers' premises). 'Symbol 1' commercial automobile liability r
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coverage (and, if necessary, commercial umbrella liability insurance) including 0
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coverage for all owned,hired,and non-owned vehicles. The combined single limit >,
per accident shall not be less than $1,000,000. CL
2. INSURANCE CARRIER RATING. Coverages provided by Contractor must be underwritten by an
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insurance company deemed acceptable to the State of Washington's Office of Risk Management.
Insurance coverage shall be provided by companies authorized to do business within the State of
Washington and rated A- Class VII or better in the most recently published edition of Best's E
Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) 5
with an unacceptable financial rating. w
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3. ADDITIONAL INSURED. Any required Commercial General Liability or Commercial Automobile 0
Liability shall include the State of Washington and all authorized Purchasers (and their agents, iz
officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured m
Endorsement attached to the Certificate of Insurance on such insurance policies. E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 24 Q
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Packet Pg. 348
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4. CERTIFICATE OF INSURANCE. Prior to execution of the Contract, Contractor shall furnish to Enterprise
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Services, as evidence of the insurance coverage required by this Contract, a certificate of ii
insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and `o
minimum amounts, has been secured. In addition, no less than ten (10) calendar days prior to r
coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed
certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated E
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kinds and minimum amounts, has been secured. Failure to maintain or provide proof of
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insurance, as required, will result in contract cancellation. All policies and certificates of Q
insurance shall include the Contract number stated on the cover of this Contract. All certificates c'
of Insurance and any related insurance documents shall be sent via email to Enterprise Services,
and shall be sent to the email address set forth below: 2
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Email: DESContractsTeamFir@des.wa.gov a-
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Note: For Email notice,the Email Subject line must state:
Contract Insurance Certificate—Contract No. 22422—Ammunition
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5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution U
from any insurance or self-insurance maintained by,or provided to,the additional insureds listed
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above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or 00
self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance
provided by Contractor or subcontractors.
.2
6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required a
06
insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any
such subcontractor to provide insurance that complies with all applicable requirements of the L
insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements
0
for each subcontractor. Each subcontractor must comply fully with all insurance requirements v
stated herein. Failure of any subcontractor to comply with insurance requirements does not limit
Contractor's liability or responsibility. 12
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7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of a
Washington and any Purchaser for the recovery of damages to the extent such damages are or
would be covered by the insurance specified herein.
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8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation, material change, exhaustion of U
aggregate limits, or intent not to renew insurance coverage, either in whole or in part,without at 1a.
least sixty (60) calendar days prior written Legal Notice by Contractor to Enterprise Services. 3
Failure to provide such notice, as required, shall constitute default by Contractor. Any such N
written notice shall include the Contract number stated on the cover of this Contract.
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9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather E
than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) °-
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years following expiration or termination of the Contract.
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* * * END OF INSURANCE REQUIREMENTS * * * E
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STATEWIDE CONTRACT NO.22422—AMMUNITION 25 Q
(Rev.2022-11-16)
Packet Pg. 349
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WA 22422 Proforce Contract E
Final Audit Report 2023-12-20 W
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Created: 2023-12-19 G
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By: Brad Strinfellow(Brad.Stringfellow@des.wa.gov)
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Status: Signed E
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Transaction ID: CBJCHBCAABAARNVRYpFEX2-w1VQhPvM03QIJPovSD13J
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"WA 22422 Proforce Contract" History
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71 Document created by Brad Strinfellow (Brad.Stringfellow@des.wa.gov)
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2023-12-19-0:53:45 AM GMT N
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2023-12-19-0:54:21 AM GMT
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c:5o Signer kaylee.mitchell@proforceonline.com entered name at signing as Kaylee Mitchell
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Signature Date:2023-12-20-5:27:57 PM GMT-Time Source:server
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2023-12-20-5:29:03 PM GMT U
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c:e Document e-signed by Elena McGrew (elena.mcgrew@des.wa.gov)
Signature Date:2023-12-20-6:06:12 PM GMT-Time Source:server
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Agreement completed.
2023-12-20-6:06:12 PM GMT Q
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Handgun Ammunition
Product Code Rounds Price
# Manufacturer Bullet Style Product Name Caliber Grain
(SKU) per Case per Case a
1 Aguila Full Metal Jacket AGUILA 1E097704 9 MM 115 1,000 $ 228.00 °O
2 Aguila Full Metal Jacket AGUILA 1E092110 9 MM 124 1,000 $ 229.33 v
3 Aguila Full Metal Jacket AGUILA 1E382521 0.38 S 130 1,000 $ 366.22 a)
4 Aguila Full Metal Jacket AGUILA 1E402110 0.40 180 1,000 $ 326.44
5 Aguila Full Metal Jacket AGUILA 1E452110 0.45 230 1,000 $ 372.00
6 Aguila SUPER AUTO+P FMJ AGUILA 1E382112 38 Super 130 1000 $ 422.44 V
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7 Aguila SUBSONIC FMJ FN AGUILA 1E097719 9mm 147 1000 $ 262.89 a
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8 Aguila JHP PRACTICE AGUILA 1E092125 9mm 124 500 $ 183.16
9 Aguila COLT SOFT POINT AGUILA 1E454319 45 Colt 200 500 $ 340.44
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Product Code Rounds Price a
# Manufacturer Bullet Style Product Name Caliber Grain
(SKU) per Case per Case a
1 Aguila Full Metal Jacket AGUILA 1E223110 0.223 55 1000 $ 428.22 �00�
2 Aguila FMJ BT AGUILA 1E556110 5.56 62 1000 $ 432.89
3 Aguila AAC BLACKOUT FMJ AGUILA 1E300110 300 150 1000 $ 650.44 CD
4 Aguila IWIN FMJBT AGUILA 1E308110 308 150 500 $ 411.11
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Product Code Pellet Rounds Price
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# Product Rounds Price Liz
Bullet Style Product Name Code (SKU) Caliber per Case per Case c
1 Red Marking Cartridges UTM 01-0976 9 MM 1,000 $ 663.16 y
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2 Blue Marking Cartridges UTM 01-0977 9 MM 1,000 $ 663.16
3 Yellow Marking Cartridges UTM 01-0979 9 MM 1,000 $ 800.00 y
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4 Green Marking Cartridges UTM 01-0978 9 MM 1,000 $ 663.16 �
5 Red Marking Cartridges UTM 01-0971 0.223 900 $ 843.16 Q
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7 Green Marking Cartridges UTM 01-0973 0.223 900 $ 843.16
8 Blank Round UTM (01-3090) 9 MM 1,000 $ 600.00 L
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9 9mm SBR UTM 01-3089 9mm 1000 $ 515.79 a
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10 9mm LBBR UTM 01-3130 9mm 1000 $ 684.21
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11 9mm SMG MMR Red UTM 01-0981 9mm 1000 $ 821.05
12 9mm SMG MMR Blue UTM 01-0982 9mm 1000 $ 821.05 0
13 9mm SMG MMR Green UTM 01-0983 9mm 1000 $ 821.05 V
14 9mm SMG MMR Yellow UTM 01-0984 9mm 1000 $ 989.47
15 9mm NMR UTM 01-3100 9mm 1000 $ 663.16 c°°°>
16 9mm UTX Red UTM 01-3101 9mm 1000 $ 715.79
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17 9mm UTX Blue UTM 01-3102 9mm 1000 $ 715.79
18 9mm UTX Green UTM 01-3103 9mm 1000 $ 715.79 a
19 9mm UTX Yellow UTM 01-3104 9mm 1000 $ 852.63 06
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20 5.56mm SBR UTM 01-0856 5.56 900 $ 710.53 L
21 5.56mm BBR UTM 01-0963 5.56 900 $ 729.47 0
22 5.56mm LBBR UTM 01-3268 5.56 900 $ 900.00 v
23 5.56mm RVR Red UTM 01-0815 5.56 900 $ 871.58
24 5.56mm RVR Blue UTM 01-0816 5.56 900 $ 871.58 0
25 5.56mm RVR Green UTM 01-0817 5.56 900 $ 871.58 °
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26 5.56mm RVR Yellow UTM 01-0818 5.56 900 $ 1,023.16 N
27 5.56mm MMR Yellow UTM 01-0974 5.56 900 $ 985.26
28 5.56mm TBR UTM 01-3125 5.56 900 $ 871.58
29 5.56mm NMR UTM 01-3097 5.56 900 $ 871.58 °
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30 5.56mm FNC/SIG 551 MMR Red UTM 01-0753 5.56 900 $ 1,146.32 2'
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31 5.56mm FNC/SIG 551 MMR Blue UTM 01-0754 5.56 900 $ 1,146.32
32 5.56mm FNC/SIG 551 MMR Green UTM 01-0755 5.56 900 $ 1,146.32
33 5.56mm FNC/SIG 551 MMR Yellow UTM 01-0756 5.56 900 $ 1,146.32
34 5.56mm FNC/SIG 551 TBR UTM 01-3056 5.56 900 $ 1,146.32
35 5.56mm Linked SBR UTM 01-0770 5.56 1200 $ 1,427.37 E
36 5.56mm Linked LBBR UTM 01-3270 5.56 1200 $ 1,490.53
37 5.56mm Linked MMR Red UTM 01-3260 5.56 1200 $ 1,578.95 w
38 5.56mm Linked MMR Blue UTM 01-3261 5.56 1200 $ 1,578.95 E
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39 5.56mm Linked MMR Green UTM 01-3262 5.56 1200 $ 2,058.95 L_
40 5.56mm Linked MMR Yellow UTM 01-3263 5.56 1200 $ 2,058.95
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41 5.56mm Linked TBR UTM 01-3047 5.56 1200 $ 1,578.95
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8.0
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Third Amendment to Agreement with Axon Enterprise, Inc.
— Authorize
MOTION: I move to authorize the Mayor to sign the Third Amendment to
the Master Services and Purchasing Agreement with Axon Enterprise, Inc.,
subject to final terms and conditions acceptable to the City Attorney and
Police Chief.
SUMMARY: The City has a five-year agreement with Axon Enterprise, Inc. that
expires in September of 2029. Through that agreement, the police department is
equipped with body worn cameras ("BWC"), tasers, a records management system
and the associated software. This Third Amendment adds 109 in-car cameras
through "Axon Fleet", and adds two BWCs and 25 tasers for corrections officers at
the City of Kent Correctional Facility ("CKCF").
Axon Fleet will equip each patrol, Special Operations Unit ("SOU"), and traffic
vehicle with an in-car camera system. Each system will have two cameras. One
camera will point out the front windshield covering the front of the vehicle, which
will be equipped with Automatic License Plate Recognition ("ALPR"). The second
camera will be rear-facing and will cover the back seat of the patrol vehicle. All
cameras will be updated twice throughout the term of the contract to the most up-
to-date version during a scheduled refresh.
The corrections officers who transport individuals in the custody of the CKCF are not
currently equipped with BWCs. This Third Amendment will provide CKCF with two
BWCs to be used for transport purposes. The CKCF also has outdated tasers which
are no longer supported by Axon. These outdated tasers will be replaced with 25
TASER 7s, which are the same taser device used by patrol officers.
The total annual cost for Axon Fleet each year is $250,088.62, for a total cost
through October 2034 of $2,500,866.16.
The total cost for two BWCs and 25 tasers at the CKCF, through September 2029 is
$91,641.23.
BUDGET IMPACT: Total costs under the term of this Third Amendment is
$2,592,507.39, which will be paid for utilizing Red-Light Camera revenues.
Packet Pg. 355
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SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Axon 3rd Amendment and Attachments (PDF)
Packet Pg. 356
8.O.a
AXONThird Amendment to the Master
Services and Purchasing Agreement
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This Third Amendment ("Amendment") is between Axon Enterprise, Inc. (f/k/a Taser E
International, Inc.), a Delaware corporation("Axon"), and the Kent Police Department("Agency"). Q
This Amendment is effective as of the last signature date on this Amendment ("Effective Date").
Axon and Agency are each a "Party" and collectively "Parties".
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Axon and Agency are parties to the Master Services and Purchasing Agreement by and between L
the Kent Police Department and Axon Enterprise, Inc. dated June 25, 2019 ("Agreement").
c
The Parties wish to incorporate further changes into the Agreement in order to expand the scope w
of offered products. Specifically, Agency wishes to add Axon Fleet and associated hardware and x
services, as well as additional body-worn cameras and tasers to the Agreement. a
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The Parties therefore agree to amend the Agreement as follows: 3
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1. Add and incorporate Attachment A-Axon Fleet Appendix
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2. Add and incorporate Attachment B - Axon Application Programming Interface Appendix a
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3. Add and incorporate Attachment C - Quote Q-406621-45316.949CN
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4. Add and incorporate Attachment D - Quote Q-428384-45322.636JJ c
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5. Add and incorporate Attachment E - Fleet Statement of Work Between Axon Enterprise Q
and Agency, dated
6. Amend the Axon Application Programming Interface Appendix to add a new Section 8, Cm
entitled "Interfaces and Integrations" as follows: Co
8. Interfaces and Integrations. Axon has agreed to build a number of interfaces
through which Axon represents that data acquired or developed through Axon E
products will be integrated with other Agency systems by either exporting data to,
or importing data from, a third-party system used by the Agency. In contracting
with Axon through this Amendment, the Agency has relied upon Axon's
representations that such interfaces and integrations are able to be successfully
developed and utilized, in a form, manner, and content acceptable to the Agency.
If at any time the Agency is dissatisfied with any interface or integration used with E
Axon data, Axon warrants that it will correct and repair the interface and integration
to the Agency's full satisfaction at no additional cost to the Agency. E
7. The Master Services and Purchasing Agreement is currently in effect through
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September 30, 2029, and includes an option to extend for subsequent 5-year terms. c
Through later contract amendments and statements of work,the Parties have added many x
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additional services and products with varying end dates. This Amendment will align all r
products and services to the Agreement expiration date of September 30, 2029, except 0)
for Axon Fleet, which is a minimum 10-year commitment and is currently effective through
September 2034. Should the Parties extend the Agreement for a 5-year-term in .2
September 2029, the Axon Fleet term and the Agreement will then be aligned. a
Packet Pg. 357
8.O.a
AXONThird Amendment to the Master
Services and Purchasing Agreement
N
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8. All other terms and conditions of the Agreement shall remain unchanged and in full force
and effect. Q
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Each representative identified below declares that the representative is authorized to execute this
Amendment as of the date of signature.
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Axon Enterprise, Inc. Agency C
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Signature: Signature: r
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Name- Name: E
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Title: Title: °
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Date: Date: C
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8.O.a
AXONThird Amendment to the Master
Services and Purchasing Agreement
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Attachment A E
a
Axon Fleet Appendix
If Axon Fleet is included on the Quote, this Appendix applies.
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1. Agency Responsibilities. L
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1. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements
to operate Axon Fleet 2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by w
Axon during the qualifier call and on-site assessment at Agency and in any technical c
qualifying questions. If Agency's representations are inaccurate, the Quote is subject to a
change.
3
2. Agency is responsible for providing a suitable work area for Axon or Axon third-party
providers to install Axon Fleet systems into Agency vehicles. Agency is responsible for
making available all vehicles for which installation services were purchased, during the
agreed upon onsite installation dates. Failure to make vehicles available may require an
equitable adjustment in fees or schedule. a
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2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply
with Cradlepoint's end user license agreement. The term of the Cradlepoint license may differ E
from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will
contact Cradlepoint directly.
3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate
per specifications if such failure results from installation not performed by, or as directed by
Axon.
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4. Wireless Offload Server. 00
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4.1. License Grant.Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual
license to use Wireless Offload Server("WOS"). "Use" means storing, loading, installing,
or executing WOS solely for data communication with Axon Devices for the number of E
licenses purchased. The WOS term begins upon the start of the Axon Evidence
Subscription. a
4.2. Restrictions.Agency may not: (a) modify, alter, tamper with, repair, or create derivative
works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any
process to derive the source code of WOS, or allow others to do so; (c) access or use
WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part;
(e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense
WOS; (g) access WOS to build a competitive device or service or copy any features, E
functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or -a
proprietary rights notices (including copyright and trademark notices) of Axon or Axon's
licensors on or within WOS. o
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4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error a
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corrections to WOS ("WOS Updates") available electronically via the Internet or media
as determined by Axon. Agency is responsible for establishing and maintaining E
adequate Internet access to receive WOS Updates and maintaining computer
equipment necessary for use of WOS. The Quote will detail the maintenance term. a
Packet Pg. 359
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AXONThird Amendment to the Master
Services and Purchasing Agreement
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4.4. WOS Support. Upon request by Axon,Agency will provide Axon with access to Agency's
store and forward servers solely for troubleshooting and maintenance. Q
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5. Axon Vehicle Software.
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5.1. License Grant.Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual
license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" Q
means storing, loading, installing, or executing Axon Vehicle Software solely for data
communication with Axon Devices. The Axon Vehicle Software term begins upon the w
start of the Axon Evidence Subscription. _
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5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative a
works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon r
Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, 3
or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees
or exceeding usage limits; (d)copy Axon Vehicle Software in whole or part; (e) use trade E
secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense a
Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device
or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) o
remove, alter or obscure any confidentiality or proprietary rights notices (including
copyright and trademark notices) of Axon or Axon's licensors on or within Axon Vehicle
Software.
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6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of E
work in connection with Axon Fleet, within thirty (30) days of the date on which Agency
retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and
configured with tested and fully and properly operational in-car hardware and software
identified above, Agency will receive a Professional Services Acceptance Checklist, in a form
substantially similar to Exhibit 1 to this Appendix, to submit to Axon indicating acceptance or co
denial of said deliverables.
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7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased a
the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same
or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote.
7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay a
the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for
the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency
is responsible for the removal of previously installed hardware and installation of the E
Axon Fleet Upgrade.
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7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the E
original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of
destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency M
does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial c
numbers for the Axon Devices received by Agency. Q
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8.O.a
L� AXON
Third Amendment to the Master
Services and Purchasing Agreement
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Professional Services Acceptance Checklist a
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8.O.a
All,
2024 Professional Services Acceptance Checklist
AXON
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By signing this Acceptance Checklist, I accept the system as operational and meets the o
requirements as specified in the contract and agree that Axon's Professional Services Organization
completed the following services, according to the Master Services and Purchasing Agreement: Q
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❑ Axon Full Service Package =
❑ Axon Starter Package n
CEW Full Service Package
❑ CEW Starter Package w
❑ Axon 1-Day Service x
❑ a
Virtual Bodycam Starter Package
❑ Signal Sidearm - ❑ On-site Service ❑ Virtual Service
❑ Standard Fleet Installation - of Vehicles Completed E
❑ Additional Custom Fleet Trigger and Installation - of Vehicle Completed
❑ Fleet Train Installer or Installation Facility- of Trainings Completed o
❑ Signal Install - of Vehicles Installed
❑ Signal Train Installer or Installation Facility- of
❑ Fleet 1 to Fleet 2 Conversion - of Vehicles Completed E
❑ Wi-Fi Offload Wireless Access Point Integration (05 Concurrent) T
Wi-Fi Offload Wireless Access Point Integration (25 Concurrent)
E] Wi-Fi Development Services M
❑ Standard Interview Room Installation - of Rooms Completed
❑ VR 1-Day Service
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❑ Axon Air-70n-site Service ❑ Virtual Service
❑ Other a
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Date Services were Completed on: a
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day of 20
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Today's Date: E
day of 20 M
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Signature: a
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Agency Name:
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Printed Name:
Title: a
Phone:
Email:
Packet Pg. 362
8.O.a
,Third Amendment to the Master
AXON
Services and Purchasing Agreement
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Attachment B
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Axon Application Programming Interface Appendix
This Appendix applies if Axon's API Services are included on the Quote.
1. Definitions. y
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1.1. "API Client"means the software that acts as the interface between Agency's computer and the server,
which is already developed or to be developed by Agency.
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1.2. "API Interface"means software implemented by Agency to configure Agency's independent API Client c
Software to operate in conjunction with the API Service for Agency's authorized Use. 0
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1.3. "Axon Evidence PartnerAPl,AN or Axon API"(collectively"API Service")means Axon's API which t
provides a programmatic means to access data in Agency's Axon Evidence account or integrate 3
Agency's Axon Evidence account with other systems.
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1.4. "Use" means any operation on Agency's data enabled by the supported API functionality. E
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2. Purpose and License. ;v
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2.1. Agency may use API Service and data made available through API Service, in connection with an API Q
Client developed by Agency.Axon may monitor Agency's use of API Service to ensure quality, improve °
Axon devices and services, and verify compliance with this Agreement.Agency agrees to not interfere
with such monitoring or obscure from Axon Agency's use of API Service. Agency will not use API E
Service for commercial use.
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2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right E
and license during the Term to use API Service, solely for Agency's Use in connection with Agency's Q
API Client. T
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2.3. Axon reserves the right to set limitations on Agency's use of the API Service, such as a quota on
operations, to ensure stability and availability of Axon's API. Axon will use reasonable efforts to N
accommodate use beyond the designated limits. M
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3. Configuration. Agency will work independently to configure Agency's API Client with API Service for
Agency's applicable Use. Agency will be required to provide certain information (such as identification or
contact details) as part of the registration. Registration information provided to Axon must be accurate. E
Agency will inform Axon promptly of any updates. Upon Agency's registration, Axon will provide
documentation outlining API Service information.
4. Agency Responsibilities. When using API Service,Agency and its end users may not: Q
4.1. use API Service in any way other than as expressly permitted under this Agreement;
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4.2. use in any way that results in, or could result in, any security breach to Axon;
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4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware,
or any items of a destructive nature to Axon Devices and Services;
4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or Q
networks providing API Service; -a
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4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API c
Service or any related software; 0
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4.6. create an API Interface that functions substantially the same as API Service and offer it for use by
third parties;
4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other
individuals or entities to create links to API Service;
4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; Q
4.9. make available to a third-party, any token, key, password or other login credentials to API Service;
Packet Pg. 363
8.O.a
AXON
Third Amendment to the Master
Services and Purchasing Agreement
N
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4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11. disclose Axon's API manual, unless required by state law or court order. Q
5. API Content.All content related to API Service, other than Agency Content or Agency's API Client content, ci
is considered Axon's API Content, including:
ai
5.1. the design, structure and naming of API Service fields in all responses and requests; 0
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5.2. the resources available within API Service for which Agency takes actions on, such as evidence,
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cases, users, or reports;
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5.3. the structure of and relationship of API Service resources; and c
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5.4. the design of API Service, in any part or as a whole. Q
6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API �
Interface to:
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6.1. scrape, build databases,or otherwise create permanent copies of such content,or keep cached copies
longer than permitted by the cache header; m
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6.2. copy,translate, modify,create a derivative work of,sell, lease, lend,convey,distribute,publicly display, Q
or sublicense to any third-party;
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6.3. misrepresent the source or ownership; or
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6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and E
trademark notices).
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7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is E
required to implement and use the most current version of API Service and to make any applicable changes Q
to Agency's API Client required as a result of such API Update. API Updates may adversely affect how
Agency's API Client access or communicate with API Service or the API Interface. Each API Client must
H
contain means for Agency to update API Client to the most current version of API Service.Axon will provide
support for one(1)year following the release of an API Update for all depreciated API Service versions. rn
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Third Amendment to the Master
_ AXONServices and Purchasing Agreement
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ATTACHMENT C
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QUOTE Q-406621-45316.949CN (Axon Fleet)
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8.O.a
Axon Enterprise,Inc. Q-406621-45316.949CN
17800 N 85th St.
Scottsdale,Arizona 85255 Issued:01/25/2024
c
United States
VAT:86-0741227 Quote Expiration:0212912024 Q
Domestic:(800)978-2737 _ r 0 ,
Estimated Contract Start DatInternational:+1.800.978.2737 3
Account Number:106698 +,
Payment Terms:N30 aa)
Delivery Method: E
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SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT a
— p
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Kent Police Dept.-WA Kent Police Dept.-WA
220 4th Ave S 220 4th Ave S Chris Neubeck Eric Hemmen aD
Kent, Kent Phone:+16027080074 Phone:253-856-5837 E
WA WA Email:cneubeck@axon.com Email:ehemmen@kentwa.gov �
98032-5838 98032-5838 Fax:(480)658-0629 Fax:(253)856-6803 aD
USA USA E
Email:
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Quote Summary Discount Summary
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Program Length 120 Months Average Savings Per Year $100,716.00
TOTAL COST $2,271,464.40
ESTIMATED TOTAL WI TAX $2,500,886.16 TOTAL SAVINGS $1,007,160.00
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Payment Summary -�
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Date Subtotal Tax Total x
Oct 2024 $227,146.44 $22,942.18 $250,088.62 a
Oct 2025 $227,146.44 $22,942.18 $250,088.62
Oct 2026 $227,146.44 $22,942.18 $250,088.62
Oct 2027 $227,146.44 $22,942.18 $250,088.62 t
Oct 2028 $227,146.44 $22,942,18 $250,088.62 UM
Oct 2029 $227,146.44 $22,942.18 $250088.62
Oct 2030 $227,146.44 $22,942,18 $250:088.62 a
Pagel Q-406621-45316.
Packet Pg. 366
8.O.a
Payment Summary
Date Subtotal Tax Total x
Oct 2031 $227,146.44 $22,942.18 $250,088.62 Q
Oct 2032 $227,146.44 $22,942.1 B $250,088.62 M
Oct 2033 $227,146.44 $22.942.14 $250,088.58 '3
Total $2,271.464.40 $229,421.76 $2,500,886,16
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Page 2 0.40662145316.
Packet Pg. 367
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Quote Unbundled Price: $3,278,624.40
Quote List Price: $3,253,772A
Quote Subtotal: $2,271,464.40 0
x
Q
Pricing
3
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Tot: E
Program L
FleetWOYr Fleet 3 Advanced 10 Year 109 120 $250,43 $248.53 $173.43 $2,268.464,40 $229,118.76 $2,497.583.1 Q
A la Carte Services 0
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100159 AXON FLEET 3-SERVICES•ALP API INTEGRATION 1 $3.000.00 $3,000M $3,000.00 $303.00 $3,3031 c
Total $2,271,464.40 $229,421.76 $2,500,886.1 E
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Page 3 Q-40662145316.jAft111j
Packet Pg. 368
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Delivery Schedule
_Hardware 3
Bundle _ Item Description CITY Estimated Delivery Date
Fleet 3 Advanced 10 Year 70112 AXON SIGNAL-SIGNAL UNIT 109 10/01/2024 E
Fleet 3 Advanced 10 Year 72036 AXON FLEET 3-STANDARD 2 CAMERA KIT 109 10/01/2024 L
Reet3 Advanced 10 Year 72036 AXON FLEET 3-STANDARD 2 CAMERA KIT 3 10/01/2024 Q
Fleet 3 Advanced 10 Year 72040 AXON FLEET-TAP REFRESH 1-2 CAMERA KIT 109 10/01/2029
Fleet 3 Advanced 10 Year 72040 AXON FLEET-TAP REFRESH 1-2 CAMERA KIT 3 10/01/2029 O
r
Fleet 3 Advanced 10 Year 100092 AXON FLEET-TAP REFRESH 2-2 CAMERA KIT 109 10/01/2034
Fleet 3 Advanced 10 Year loom AXON FLEET-TAP REFRESH 2-2 CAMERA KIT _ _ 3 10/01/2034 E
C
Software
Bundle. Item Description CITY Estimated Start Date Estimated End Date Q
Fleet 3 Advanced 10 Year 80400 AXON EVIDENCE-FLEET VEHICLE LICENSE 109 11/01/2024 10/31/2034 -a
Fleet 3 Advanced 10 Year 80401 AXON FLEET 3-ALPR LICENSE-1 CAMERA 109 111011202.4 10/31/2034
Flee[3 Advanced 10 Year 80402 AXON RESPOND-LICENSE-FLEET 3 109 11/01/2024 1013112034 H
Fleet 3 Advanced 10 Year 80410 AXON EVIDENCE-STORAGE-FLEET 1 CAMERA UNLIMITED 218 11/01/2024 10/31/2034 N
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Services _
Bundle Item Description CITY c
Fleet 3 Advanced 10 Year 73391 AXON FLEET 3-DEPLOYMENT(PER VEHICLE) 109 O
Fleet 3 Advanced 10 Year 73392 AXON FLEET 3-INSTALLATION-UPGRADE(PER VEHICLE) _ 109
A la Carte 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 U
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Q
Warranties _
Bundle Item Description 1 QTY Estimated Start Date Estimated End Date f°
Fleet 3 Advanced 10 Year 80379 AXON SIGNAL-EXT WARRANTY-SIGNAL UNIT 109 11101/2024 10/3112034
Fleet 3 Advanced 10 Year 80495 AXON FLEET 3-EXT WARRANTY-2 CAMERA KIT 109 10/01/2025 10/31/2034 E
Fleet 3 Advanced 10 Year 80495 AXON FLEET 3-EXT WARRANTY-2 CAMERA KIT 3 10/01/2025 10131/2034 C
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Payment Details
- - - 0
Oct 2024
a
Invoice Plan _ Item Description _ Qty Subtotal Tax Total
Year 1 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 S30.30 $330.30 .3
Year 1 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22,911.88 $249,758.32
Total _ $227,146.44 $22,942.18 $250,088.62
Oct 2025
Invoice Plan Items Qescrtption —9!Y Subtotal Tax Total a
Year 2 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 _ $30.30 S330.30
Year 2 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22,911.88 S249,758.32 c
Total - $227,146.44 $22,942.18 $250,089.62
E
Oct 2026 E
E
Invoice Plan Item _ Description - _ llty Subtotal Tax Total Q
Year 3 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 $30.30 $330.30 -a
Year 3 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22,911.88 $249,758-32 t
Total $227,146.44 $22,942.18 $250,088.62 ~
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0
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Oct 2027 M
Invoice Plan Item Description Subtotal_ _ Tax Total N
Year 4 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 $30.30 $330.30 c
Year 4 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22,911.88 $249,758.32 °D
Total - - - — —-- --- $227,146.44 $22,942.18 $25%088.62
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Oct 2028 a
Invoice Plan Item_ Description _ Q Subtotal Tax Total
Year 5 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300-00 $30.30 $330.30 `c
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Year 5 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22,911.88 $249,758.32 =
a�
Total $227,146.44 $22,942.18 $250,088.62 E
c
Oct 2029 E
Invoice Plan Item _ Description — Qty Subtotal Tax Total a
Year 6 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 $30.30 S330.30 M
Year 6 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 S22.911.88 5249,758.32
Total — -—_ $227,146.44 $22,942.18 $250,088.62
---- X
Oct 2030 =
aD
Invoice Plan Item Description City Subtotal Tax Totai E
Year 7 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 S30.30 $330,30
Year 7 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 _$2_2�911.88 $249,758.32
Total $227,146.44 $22,942.18 $250,088.62 Q
Page 5 Q-406621-45316.
Packet Pg. 370
8.O.a
Oct 2031
`
Invoice Plan Item description Qty Subtotal Tax Total
Year 8 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300-00 $30.30 $330.30
Year 8 Fleet3A10Yr _ Fleet 3 Advanced 10 Year __ 1.09 $226,846.44 _ _ $22,911.88 $249,758.32 Q
Total _ $227,146.44 $22,942.18 $250,088.62
3
Oct 2032
Invoice Plan Item description Qty Subtotal Tax Total E
Year 9 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 $30.30 $330.30 aa)
Year 9 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22,911.88 $249,758.32
Total $227,146.44 $22,942.18 $250,088.62 Q
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Oct 2033
a�
Invoice Plan Item description Qty Subtotal Tax Total E
Year 10 100159 AXON FLEET 3-SERVICES-ALPR API INTEGRATION 1 $300.00 $30.30 $330.30
Year 10 Fleet3A10Yr Fleet 3 Advanced 10 Year 109 $226,846.44 $22.911.84 $249,758.28 aD
Total $227,146A4 $22,942.14 $250,088.58 E
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit a
prior to invoicing. �=
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Standard Terms and Conditions a
0
Axon Enterprise Inc. Sales Terms and Conditions E
Axon Master Services and Purchasing Agreement: a
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions3, as well as the attached Statement of Work(SOW)for Axon Fleet and/or Axon Interview Room
purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the 0
extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as
described below.
ACEIP:
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The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
E
Acceptance of Terms:
E
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity(including but not limited to the company, municipality, or government agency M
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. x
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Signature Date Signed
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1/25/2024
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Packet Pg. 373
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Third Amendment to the Master
_ AXONServices and Purchasing Agreement
N
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ATTACHMENT D
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QUOTE Q-428384-45322.636JJ (Corrections BWC & Tasers) i
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Packet Pg. 374
8.O.a
Axon Enterprise,Inc.
17800 N 85th St. Q�28384�5322.636JJ
Scottsdale,Arizona 8525501/31/2024
United States 0
VAT:86-0741227 Quote Expiration:02115/2024 Q
Domestic:(800)978-2737
International:+1.800.978.2737 Estimated Contract Start Date:04/0112024
Account Number:495291 +
C
Payment Terms:N30 E
Delivery Method: 0
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$HIP To BILL TO SALES REPRESENTATIVE PRIMARY CONTACT a
0
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Kent City Jail-WA Kent City Jail-WA
1230 Central Ave S 1230 CENTRAL AVE Zach Austin Michael Anderson aD
Kent, KENT Phone: Phone:(253)856-5960 E
WA WA Email:zaustin@axon.com Email:manderson@kentwa.gov c
98032-7426 98032 Fax: Fax:
USA USA a
Email:
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Quote Summary Discount Summary
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Program Length 66 Months Average Savings Per Year $3,117.14
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TOTAL COST $83,234.11 TOTAL SAVINGS $17,14426
ESTIMATED TOTAL WI TAX $91,641.23 . E
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Payment Summary E.
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_ C
Date Subtotal Tax Total x
Mar2024 $11,721.45 $1,183.91 $12.905.36 a
Sep2024 $13,203.18 $1,333.60 $14,536.78 c
Sep 2025 $13,731.30 $1,386.95 $15.118.25 E
Sep 2026 $14,280,55 $1,442.45 $15723.00
Sep 2027 $14.851.78 $1,500.10 $16:351.88 �a
Sep 2028 $15,445.85 $1,560.11 $17,005.96 Q
Total $83,234.11 $8,407.12 $91,641.23
Page 1 Q-428384-45322.
Packet Pg. 375
8.O.a
Quote Unbundled Price: $100,378.37
Quote List Price: $101,269.37
Quote Subtotal: $83,234.11 x
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Pricing
3
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Tot E
Program L
T78asic TASER 7 Basic Bundle 25 66 $48.79 S49.33 S39M $65.670,00 $6,633.15 $72.303.1 Q
A la Carte Hardware r
22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 $40-25 $38.95 $973,75 $98.34 $1,0721 �
22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $40.25 $38.95 $973.75 $98.34 $1,0721
29050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $889-46 $828.12 $1,656.24 $167.29 $1,82V E
22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 75 S40.25 $38.95 $2,921-25 $295.05 $3,216.: r i a
2217fi AXON TASER 7-CARTRIDGE LIVE CLOSE(]DART{12 75 $40.25 $38.95 $2,921.25 $295.05 $3,216.: E
DEGREE)NS a
22177 AXON TASER 7•CARTRIDGE•HALT STANDOFF NS 75 $40.25 $38.95 $2,921,25 $295-05 $3.216
AB3C A83 Camera Bundle 2 $789.00 $789,00 $1,578.00 $159.37 $1,737 •L
AB3MBD AB3 Mu[I!Bay Dark Bundle 2 $1,638-90 $1,638,90 $3,277.80 $331.06 $3,608.F
A la Carte Software
N
BasicLicense Basic License Bundle 2 66 $16A5 $2.58 $340.82 $34.42 $375-2
00
Total $83,234.11 $8,407.12 $91,641.2
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Delivery Schedule
Hardware _ 3
Bundle Item Description CITY Estimated Delivery Date
AB3 Camera Bundle 11534 AXON BODY-CABLE-USB-C TO USB-A(AB3 OR FLEX 2) _ _3_ 03101/2024 E
AB3 Camera Bundle 73202 AXON BODY 3-CAMERA-NA10 US BILK RAPIDLOCK 2 03/01/2024 y
AB3 Camera Bundle 74021 AXON BODY-MOUNT-MAGNET THICK OUTERWEAR RAPIDLOCK 3 03/01/2024
AB3 Multi Bay Dock Bundle 70033 AXON-DOCK WALL MOUNT-BRACKET ASSY 2 03/01/2024 Q
A133 Multi Bay Dock Bundle 71019 AXON BODY-DOCK POWERCORD-NORTH AMERICA 2 03/01/2024 r
AB3 Multi Bay Dock Bundle 74210 AXON BODY 3-DOCK-EIGHT BAY 2 0310112024
TASER 7 Basic Bundle 20008 AXON TASER 7-HANDLE.HIGH VIS GRN LASER CLASS 3R YLW 25 03/01/2024 a�
TASER 7 Basic Bundle 20018 AXON TASER- BATTERY PACK-TACTICAL 30 03/01/2024 E
TASER 7 Basic Bundle 20160 AXON TASER 7-HOLSTER-SAFARILAND RH+CART CARRIER 25 03/0112024
TASER 7 Basic Bundle 70033 AXON-DOCK WALL MOUNT-BRACKET ASSY 1 _ 03/01/2024
TASER 7 Basic Bundle 71019 AXON BODY-DOCK POWERCORO-NORTH AMERICA 1 03/01/2024 E
TASER 7 Basic Bundle 74200 AXON TASER-DOCK-SIX BAY PLUS CORE 1 03/01/2024 Q
TASER 7 Basir Bundle 80087 AXON TASER-TARGET-CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 03/01/2024 :
TASER 7 Basic Bundle 80090 AXON TASER-TARGET FRAME-PROFESSIONAL 27.5 IN X 75 IN 1 03/01/2024
H
A la Carte 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT _ 2 03/0112024
A is Carte 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 03/0112024 rn
A la Carte 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 03/0112024 M
A la Carte 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 03101/2024 C
A la Carte 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 03101QO24 to
A la Carte 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 75 03/01/2024
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Software M
Bundle Item Description QTY Estimated Start Date Estimated End Date
Basic License Bundle 73683 AXON EVIDENCE-STORAGE-10GB A LA CARTE 2 04/01/2024 09/30/2029
Basic License Bundle 73840 AXON EVIDENCE-ECOM LICENSE-BASIC 2 04/01/2024 09130/2029
TASER 7 Basic Bundle 20248 AXON TASER-EVIDENCE.COM LICENSE 25 04/0112024 09/30/2029 +,
TASER 7 Basic Bundle 20248 AXON TASER-EVIDENCE.COM LICENSE 1 04/01/2024 09/3012029
E
C
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Warranties Q
Bundle Item Description CITY Estimated Start Date Estimated End Date M
TASER 7 Basic Bundle 80374 AXON TASER 7-EXT WARRANTY-BATTERY PACK 30 03/0112025 09/30/2029
TASER 7 Basic Bundle 80395 AXON TASER 7-EXT WARRANTY-HANDLE 25 03/0112025 0913N029 0
TASER 7 Basic Bundle _ _ _ 80396 AXON TASER 7-EXT WARRANTY-DOCK SIX BAY 1 03/01/2025 09130/2029 Q
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Payment Details
0
Mar 2024 _ X
Invoice Plan Item Description _ Qty Subtotal Tax Total
Co-Term 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $145.08 $14.65 $159.73 3
Cc-Term 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 $255.89 $25.85 $281.74
Co-Term 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $85.30 _ _ $8.61 $93.91 a�
Co-Term 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 $255.89 $25.85 $281.74 E
Co-Term 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 $85.30 $8.61 $93.91
Co-Term 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS T5 $255.89 $25.85 $281.74
Q
Co-Term BasicLicense Basic License Bundle _ 2 $29.85 $3.02 $32.87 0
Co-Term T713asic TASER 7 Basic Bundle 25 $5,752.45 $581.04 $6,333.49 y
Upfront Hardware A831C AB3 Camera Bundle 2 $1,578.00 $159.37 $1,737.37
Upfront Hardware AB3MBD AB3 Multi Bay Dock Bundle 2 $3,277.80 $331.06 $3,608.86 E
Total $11,721.45 $1,183.91 $12,905.36
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Sep 2024 a
Invoice Plan Item Description Qty Subtotal _Ta_x Total
Year 6 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $279.00 $28.18 $307.18
Year 6 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 $492.10 $49.70 $541.80
Year 6 _ 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $164.03 $16.57 $180,60 0
Year 6 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 $492.10 $49.70 $541.80
Year 6 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 $164.03 $16.57 $180.60 N
Year 6 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 75 $492.10 $49.70 $541.80
Year 6 BasicLicense Basic License Bundle 2 $57.41 $5.80 $63.21 0
Year6 _ T7Basic TASER 7 Basic Bundle _ 2_5 $11,062.41 $1,117.38 $12,179.79 =
Total T $13,203.18 $1,333.60 $14,536.78
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Sep 2025
Invoice Plan Item Description _ Qty_ Subtotal Tax Total
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Year 7 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $290.16 $29.31 $319.47
Year 7 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 $511.78 $51.69 $563.47 E
Year 7 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $170.59 $17.23 $187.82 -0
Year 7 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 $511.78 $51.69 $563.47
Year 7 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS _ 25 $170.59 $17.23 $187.82 E
Year 7 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS _ 75 $511.78 $51.69 S563.47
Year 7 BasicLicense Basic License Bundle 2 $59.71 56.03 $65.74 M
Year 7 T7Basic TASER 7 Basic Bundle _ 25 $11,504.91 $1.162.08 $12,866,99 0
Total $13,731.30 $1,386.95 $15,118.25 Q
Sep 2026
Invoice_ Plan Item Description Qty Subtotal Tax Total E
Year 8 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $301.77 $30.48 $332.25 u
Year 8 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 $53225 $53.76 $586,01
Year 8 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $177.42 $17.92 $195.34 Q
Year 8 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 $532.25 $53.76 $586-01
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Sep 2026
Invoice Plan Item Descri ion Qty Subtotal Tax Total
Year 8 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 $177.42 $17.92 $195.34 0
Year 8 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 75 $532.25 $53.76 $586.01 Q
Year 8 BasicLicense Basic License Bundle 2 $62.10 $6,27 $68.37
Year 8 T713asic TASER 7 Basic Bundle 25 $11,965.09 $1.208.58 $13,173.67 '
Total 514,290.55 $1,442.45 $15,723.00 3
Sep 2027 0
Invoice Plan Item Description _ Qty _ Subtotal _ Tax Total
Year 9 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $313.84 $31.70 $345.54 Q
Year 9 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 $553.54 $55.91 $609.45 o
Year 9 - 22177 _ AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $184.51 $18.63 $203.14
Year 9 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 $553.54 $55.91 $609.45 E
Year 9 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 $184.51 $18.63 $2013.14 E
Year 9 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 75 $553.54 $55.91 $609,45 aai
Year 9 BasicLicense Basic License Bundle 2 S64.58 $6.52 $71.10 E
Year 9 _T713asic TASER 7 Basic Bundle 25 $12,443.72 $1,256.89 $13,700.6_1 Q
Total $14,851.78 $1,500.10 $16,351.88
Sep 2028
_ N
Invoice Plan Item Description My Subtotal Tax Total 0)
00
Year 10 20050 AXON TASER-HOOK-AND-LOOP TRAINING(HALT)SUIT 2 $326.39 $32.97 $359.36
Year 10 22176 AXON TASER 7-CARTRIDGE-LIVE CLOSE QUART(12-DEGREE)NS 75 $575.68 $58.14 $633.82 N
Year 10 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 25 $191.89 $19.38 $211.27 c
Year 10 22177 AXON TASER 7-CARTRIDGE-HALT STANDOFF NS 75 $575.68 $58.14 $633.82
Year 10 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE QUART NS 25 $191.89 $19.38 $211.27 m
Year 10 _ 22178 AXON TASER 7-CARTRIDGE-HALT CLOSE_QUART NS 75 $575.68 $58.14 $633.82 �g
Year 10 BasicLicense Basic License Bundle 2 $67.16 $6.78 $73.94 Q
Year 10 T713asic TASER 7 Basic Bundle 25 $12,941.48 $1.307.19 $14,248.66
Total - - - - - - - - $15,445.85 $115".11 $17,005.96
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit a
prior to invoicing.
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Standard Terms and Conditions
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Axon Enterprise Inc. Sales Terms and Conditions E
Axon Master Services and Purchasing Agreement: a
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work(SOW)for Axon Fleet and/or Axon Interview Room
purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the 0
extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as
described below.
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ACEIP:
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The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to <
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
E
Acceptance of Terms:
E
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity(including but not limited to the company, municipality, or government agency M
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 0
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Signature Date Signed
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1/31/2024
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Third Amendment to the Master
AXON
Services and Purchasing Agreement
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ATTACHMENT E
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FLEET STATEMENT OF WORK
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FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY a
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Introduction
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This Statement of Work("SOW") has been made and entered into by and between Axon Enterprise, Inc. ("AXON"), and Kent Police Dept. -WA the("AGENCY") i
for the purchase of the Axon Fleet in-car video solution ("FLEET")and its supporting information,services and training. (AXON Technical Project Manager/The a
AXON installer) 0
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Purpose and Intent
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AGENCY states, and AXON understands and agrees,that Agency's purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON Q
deliverables, which used solely in conjunction with AGENCY's existing systems and equipment, which AGENCY specifically agrees to purchase or provide
pursuant to the terms of this SOW.
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Acceptance
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Upon completion of the services outlined in this SOW,AGENCY will be provided a professional services acceptance form("Acceptance Form").AGENCY will sign E
the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably
believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within thirty r
(30)calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for
signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within thirty(30)calendar days of the delivery of
the Acceptance Form,AGENCY will be deemed to have accepted the services in accordance to this SOW.
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Force Majeure E
Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the parry's reasonable control and not avoidable
by diligence.
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Schedule Change E
Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be
performed pursuant of this Statement of Work.
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Axon Fleet Deliverables a
Typically,within (30)days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY's primary point of contact via 3
electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness
validation. Unless otherwise agreed upon by AXON,AGENCY may print and reproduce said documents for use by its employees only.
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Security Clearance and Access
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Upon AGENCY's request,AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY's E
facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and a
consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY's facilities. AGENCY is responsible for E
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providing AXON with all required instructions and documentation accompanying the security background check's requirements. -E
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AXON will provide training applicable to Axon Evidence,Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless
otherwise agreed upon between the AGENCY and AXON.
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Local Computer a
AGENCY is responsible for providing a mobile data computer(MDC)with the same software, hardware, and configuration that AGENCY personnel will use with
the AXON system being installed.AGENCY is responsible for making certain that any and all security settings(port openings,firewall settings, antivirus software,
virtual private network, routing, etc.)are made prior to the installation, configuration and testing of the aforementioned deliverables. E
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NetworkE.
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AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data c
interception,or loss of data due to misconfigured firewall settings or virus infection,except to the extent that such virus or infection is caused, in whole or in part, Q
by defects in the deliverables.
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Cradlepoint Router a
When applicable,AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint's NetCloud Manage to the extent necessary to
perform Work pursuant of this Statement of Work. 3
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Evidence.com
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AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this r
SOW.
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Wireless Upload System a
If purchased by the AGENCY,on such dates and times mutually agreed upon by the parties,AXON will install and configure into AGENCY's existing network a
wireless network infrastructure as identified in the AGENCY's binding quote based on conditions of the sale.
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VEHICLE INSTALLATION
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Preparedness r
On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence.
Vehicle(s)will be deemed'out of service'to the extent necessary to perform Work pursuant of this SOW. a
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Each vehicle typically takes 2-3 hours for installation.AXON Professional Services Team will work with the AGENCY to ensure a schedule is developed that meets E
AGENCY needs. AXON can typically complete 25-35 vehicles per week so AXON estimates about 1 month for a deployment of 109 vehicles.The exact time will shift c
based on technical difficulty, vehicle condition, and vehicle availability.All of this will be scoped during the Technical Scoping call conducted prior to onsite_arrival. E
AXON Installation Team will come onsite to complete installation or can train the AGENCY's local upfitter to complete installation if new vehicles are being
purchased.Typically, agencies provide a city garage or designated area for installation that has enough space and is easy for AGENCY to drop off vehicles as ready. M
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Existing Mobile Video Camera System Removal
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On such dates and times mutually agreed upon by the parties,the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all
components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY.
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Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be a
salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space.
3
Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's systems'
operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video E
camera system will be removed by the AXON Installer. i
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In-Car Hardware/Software Delivery and Installation
E
On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer,who will install and configure in each
vehicle in accordance with the specifications detailed in the system's installation manual and its relevant addendum(s). Applicable in-car hardware will be installed
and configured as defined and validated by the AGENCY during the pre-deployment discovery process. a
The pre-deployment process is a Technical Scoping call conducted by a Technical Project Manager within the Professional Services Team.This is typically
conducted 4-8 weeks ahead of onsite installation and will be scheduled based on equipment shipment and contract start dates outlined in contract. We can escalate N
the timeline on case-by-case basis to meet agency needs. °;
If a specified vehicle is unavailable on the date and time agreed upon by the parties,AGENCY will provide a similar vehicle for the installation process. Delays due
to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer E
determines that a vehicle is not properly prepared for installation ("Not Fleet Ready"), such as a battery not being properly charged or properly up-fit for in-service, r
field operations,the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the a
parties.
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Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL
functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation,
configuration,test and the correct of any deficiencies will be completed in each vehicle accepted for installation.
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Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle's existing systems' M
operation to identify, document any existing component or vehicle systems'failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system's o
components, basic functions, integrations and systems overview along with reference to AXON approved,AGENCY manuals, guides, portals and videos. It is a
both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components,the antenna(s), integration recording trigger sources
and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type. E
Agreed placement will be documented by the AXON Installer.
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AXON welcomes up to 5 persons per system operation training session per day,and unless otherwise agreed upon by the AGENCY,the first vehicle will be used a
for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is
customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 3
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The customary training session does not'certify'a non-AXON Installer, customer-employed Installer or customer 3rd party Installer,since the AXON Fleet E
products does not offer an Installer certification program. Any work performed by non-AXON Installer,customer-employed Installer or customer 3rd party Installer i
is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. a
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10.A
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: 2023 City Safety Road Diets Bid — Award
MOTION: I move to award the 2023 City Safety Road Diets Project to
Specialized Pavement Marking, LLC in the amount of $1,106,710 and
authorize the Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The City Safety Road Diets Project would re-stripe existing roadways to
3-lanes plus bike lanes on three corridors where bike lanes are planned as part of
the Transportation Master Plan. Those three corridors are:
• 4th Avenue North (South 228th Street to West James Street)
• West Meeker Street - Lincoln Avenue North - East Smith Street (Washington
Avenue North to 4th Avenue North)
• South 260th Street - South 259th Place (Pacific Highway South to Military
Road South)
Improvements include installation of automobile and bicycle loop detectors at traffic
signals and bike lanes with curbing to provide buffer space to automobile traffic.
The bid opening for the 2023 City Safety Road Diets Project was held on January 23,
2024, with two (2) bids received. The lowest responsible and responsive bid was
submitted by Specialized Pavement Marking, LLC in the amount of $1,106,710.
BUDGET IMPACT: The City has received a WSDOT grant in the amount of
$1,234,140.00 covering the design and construction of this project. Additional
funding from the Street Fund will be used to cover costs not covered by the grant.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thrivinq City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 388
10.B
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: 2024 Chip Seal Bid — Award
MOTION: I move to award the 2024 Chip Seal Project to Doolittle
Construction, LLC in the amount of $797,037.50 and authorize the Mayor to
sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The project includes chip sealing S 277th Street and 116th Avenue SE,
including temporary and permanent pavement markings, along with associated
work.
The bid opening for the 2024 Chip Seal Project was held on January 23, 2024, with
three (3) bids received. The lowest responsible and responsive bid was submitted by
Doolittle Construction, LLC. in the amount of $797,037.50.
BUDGET IMPACT: Project is budgeted.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 389
10.0
•
KENT
W A S M I N G T O N
DATE: February 6, 2024
TO: Kent City Council
SUBJECT: Mill Creek/76th Avenue South Culvert Improvements Bid —
Award
MOTION: I move to award the Mill Creek/761h Avenue S. Culvert
Improvement Project to Active Construction, Inc. in the amount of
$13,824,824.01 and authorize the Mayor to sign all necessary documents,
subject to final terms and conditions acceptable to the City Attorney and
Public Works Director.
SUMMARY: The project will raise the existing road surface above the FEMA flood
elevation with a concrete roadway; removing eight deficient culverts at five
locations; constructing two voided slab concrete girder bridges, and one steel girder
bridge; expanding the Mill Creek channel; constructing habitat improvements;
installing new storm and water systems, planter strips, sidewalks, and LED
streetlights.
The bid opening for the Mill Creek/761" Avenue S. Culvert Improvement Project was
held on January 30, 2024, with three_ (3) bids received. The lowest responsible and
responsive bid was submitted by Active Construction, Inc. in the amount of
$13,824,824.01.
BUDGET IMPACT: The project includes grant funding from the Washington State
Department of Ecology for improvements to Mill Creek, along with grants from the
Freight Mobility Strategic Investment Board and Transportation Improvement Board
to raise the roadway.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Packet Pg. 390